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Justia Daily Opinion Summaries

Wisconsin Supreme Court
June 8, 2020

Table of Contents

State v. Coffee

Civil Rights, Constitutional Law, Criminal Law

COVID-19 Updates: Law & Legal Resources Related to Coronavirus

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Legal Analysis and Commentary

Black Lives Matter Is Not Just A Slogan

JOSEPH MARGULIES

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Cornell law professor Joseph Margulies calls for meaningful and lasting change—not just lip service—to demonstrate that black lives do indeed matter. Margulies points out that “black lives matters” cannot merely be a slogan; to effect true change, we must adopt policies beyond empty gestures to protect and lift up black Americans, including policies that might make our own lives less comfortable.

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Liability Shield Will Not Lead to a Safer Reopening

SAMUEL ESTREICHER, ELISABETH CAMPBELL

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NYU law professor Samuel Estreicher and rising 2L Elisabeth H. Campbell argues that a liability shield for companies who follow federal administrative guidance in reopening workplaces during COVID-19 will not lead to significantly less litigation, nor will it help ensure workplaces are safe. Estreicher and Campbell explain why the liability shields being proposed would not preclude protracted litigation.

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Wisconsin Supreme Court Opinions

State v. Coffee

Docket: 2018AP001209-CR

Opinion Date: June 5, 2020

Judge: Patience D. Roggensack

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the decision of the court of appeals affirming the decision of the circuit court denying Defendant's motion to suppress evidence obtained from a warrantless search of Defendant's vehicle incident to his lawful arrest for operating while intoxicated (OWI), holding that the search was lawful because the police had reasonable suspicion of criminal activity. In affirming the denial of Defendant's motion to suppress, the court of appeals concluded that the lawful arrest for OWI, in and of itself, supplied a sufficient basis to search the passenger compartment of Defendant's vehicle and, specifically, a bag located behind the driver's seat that contained marijuana. The Supreme Court affirmed but on other grounds, holding (1) Defendant's lawful arrest for OWI, in and of itself, did not supply a sufficient basis to search the passenger compartment of Defendant's vehicle; but (2) based on the totality of the circumstances, the police had reasonable suspicion that the passenger compartment, and specifically, the bag might contain evidence of OWI.

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