Waukesha Criminal Defense Law Blog

Both military officials and federal lawmakers are desperately searching for answers following the release of a Department of Defense survey earlier this week showing a dramatic spike in the number of sexual assaults among the ranks of our nation's armed forces.

Some of the more shocking findings of the Pentagon's survey included:

• 19,300 service members were believed to be the victims of sex crimes in 2010, versus 26,000 service members in 2012, meaning a 35 percent increase over a two-year period
• One out of every 23 female service members were believed to be the victims of sex crimes in 2010 versus one out of every 16 in 2012
• Only one out of every ten service members victims of sex crimes came forward to file a complaint in 2012

The Department of Defense's response to the report was swift, with Defense Secretary Chuck Hagel ordering armed forces commanders to take immediate steps to address the crisis, including improving education programs and training, reducing the perceived stigma of reporting sexual assault, and creating safe environments.

Last week, the Supreme Court of the United States sent shockwaves through legal communities across the nation, including right here in Wisconsin, with its decision in Missouri v. McNeely.

In a 5-4 ruling, the court essentially ruled that absent exigent circumstances, police officers seeking to have a blood sample drawn from a drunk driving suspect who did not grant their consent must first secure a search warrant.

"When officers in drunk-driving investigations can reasonably obtain a warrant before having a blood sample drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so," wrote Justice Sonia Sotomayor.

Not surprisingly, this decision has generated some consternation among law enforcement officials who remain somewhat uncertain as to the circumstances under which they are or aren't required to secure a search warrant, and the logistics of actually securing search warrants for DUI blood draws.

This past Christmas Eve, the Wauwatosa Police Department was rocked by tragedy when one of its officers was killed in the line of duty.

Officer Jennifer Sebena was shot to death by her husband outside of a local firehouse on the evening of December 24 after prosecutors say he followed her for a span of three days.

In the aftermath of the tragedy, state officials submitted the necessary forms to the National Law Enforcement Officers Memorial Fund so that Sebena's name could be inscribed on the group's national memorial wall in Washington, D.C., which currently lists the names of over 19,000 fallen officers.

State and police officials received a bit of a shock, however, when they were informed that Sebena's name would not be included on the memorial wall since her case didn't meet the necessary requirements. Specifically, the group indicated that it couldn't include her name on the wall because the prime suspect in her death was her husband, meaning it was an act of domestic violence.

One of the realities of domestic violence cases is that many victims are often unwilling or unable to assist law enforcement officials and prosecutors due to their fear or conflicting emotions toward their significant other. Frustrated by this longstanding trend, the New York Police Department is now instructing its detectives to try a controversial new tactic that many people -- including some in the department's own ranks -- are calling outrageous.

According to news reports, a March 5 internal memo from the NYPD Chief of Detectives ordered all police officers to run criminal background checks on those accused of domestic violence, as well as domestic violence victims.

"You're trying to close the case, but your complainant becomes uncooperative," a confidential insider recently told The New York Post. "Your supervisor says, 'Get her in here, and remind her that she has an open warrant.' They want us to use that as leverage to force them to remain cooperative."