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Questions Answered by Brady R. Henderson
1 Answer | Asked in Criminal Law for Wisconsin on
Q: If a knock and announce warrant was excuted without announcement is it still valid?
Brady R. Henderson
Brady R. Henderson answered on Mar 18, 2019

In practical terms, the failure of officers to "knock and announce" does not usually mean that evidence taken or discovered from serving the warrant can be suppressed or excluded. The US Supreme Court took up this question in a case called Hudson v. Michigan, 547 U.S. 586 (2006), and affirmed that... Read more »

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Family Law for Wisconsin on
Q: Just clarifying that if my dad loses his assistance thru inclusa as per STATE STATUTE 55.02(2) and SINCE HE IS in prote

SINCE HE IS IN PROTECTIVE PLACEMENT that according to the statute he is to be taken care of by the county and or state funding. In the least restrictive place. ( he is in assisted living can from nursing home ) he is totally self dependent and does not need nursing home care. I am worried that... Read more »

Brady R. Henderson
Brady R. Henderson answered on Mar 18, 2019

Both Wisconsin law and federal law provide a right for a person being cared for due to a disability to be given the least restrictive placement. Sometimes court battles arise because that person, the person's guardian or family and the state disagree as to what placement is required. If you are... Read more »

1 Answer | Asked in Civil Rights for Wisconsin on
Q: Is implied consent constitutional why or why not?

This is in terms of breath tests and other alcohol tests taken by police officers.

Brady R. Henderson
Brady R. Henderson answered on Mar 18, 2019

The short answer is yes. Courts have consistently upheld implied consent testing against constitutional challenges. At least in theory, the subject person's "consent" for the alcohol test is given when they become (or remain) a licensed driver, such that the test does not constitute an illegal... Read more »

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