County of Marathon v. Armin James Balzar, 2016AP1471, 3/14/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Balzar argues on appeal that the stop of his vehicle was not supported by reasonable suspicion because it was based on the “act of simply turning into a closed business parking lot, without more.” (¶8). The… Read more
Search: fog line
State v. Sandra Biancardi, 2013AP1351, District 2, 10/30/13 (1-judge, ineligible for publication); case activity Biancardi was convicted of OWI. On appeal she argued that police unlawfully stopped her based on an uncorroborated, anonymous tip contrary to Illinois v. Gates, 462 U.S. 213 (1983). The court of appeals, citing State v. Post, 2007 WI 60, ¶24, 301 Wis. 2d 1, 733… Read more
State v. Raenold Quiles, 2012AP1282, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Given the trial court’s finding of fact that Quiles was merely “wandering over to and touching the fog line for a bit,” with otherwise “smooth, normal driving,” the traffic stop for crossing the fog line wasn’t supported… Read more
State v. Jordan T. Griffith, 2011AP2226-CR, District 2, 2/15/12 court of appeals decision (1-judge, not for publication); for Griffith: Walter Arthur Piel, Jr.; case activity ¶5 In order for an investigatory stop to be justified by reasonable suspicion, the officer must have a “‘particularized and objective basis’ for suspecting the person stopped of criminal activity.” State v… Read more
Kenosha County v. Jodi A. Braune, 2010AP834, District 2, 3/9/11 court of appeals decision (1-judge, not for publication); for Braune: Theodore B. Kmiec, III; case activity ¶7 We hold that under the plain language of Wis. Stat. § 346.13(3), Braune’s deviation over the fog line was sufficient to establish probable cause that Braune committed a traffic… Read more
State v. Michael Pruett Rudolf, 2022AP157, 10/31/23, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) An officer saw Rudolf swerve over the fog line and nearly strike the curb several times. Rudolf then drove lawfully for 3/4 of a mile before pulling into the parking lot of a closed auto dealership at… Read more
State v. David L. Miller, 2017AP685-CR, 11/9/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Miller moved to suppress evidence of OWI on the grounds that the deputy who stopped him lacked reasonable suspicion. The suppression hearing involved two types of evidence: (1) the deputy’s testimony, and (2) the squad video. Miller… Read more
State v. Dennis L. Zemanovic, 2017AP536-CR, 9/20/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) But it’s a close call. (¶10). Aware that the vehicle Zemanovic was operating was registered to an address in Eagle, the arresting officer became suspicious when the driver took a route he believed to be “weird” for… Read more
