State v. Joseph Blankenship, 2024AP791-CR, 11/7/24, District IV (one judge decision; not eligible for publication); case activity The Court of Appeals affirmed the circuit court’s order granting Joseph Blankenship’s motion to suppress because police did not have reasonable suspicion to direct him out of his vehicle to perform field sobriety tests. At 11:30 p.m., Muscoda… Read more
35. Search & Seizure
State v. Carter Nelson, 2024AP617-CR, 11/6/24, District II (one judge decision; not eligible for publication); case activity The Court of Appeals reversed the circuit court’s order granting Carter Nelson’s motion to suppress cocaine seized from his vehicle without a warrant and without probable cause. The Court held that the evidence would have inevitably been discovered… Read more
State v. Michael Joseph Gasper, 2023AP2319, 10/30/24, District 4 (recommended for publication); case activity (including briefs) The circuit court held that an officer’s warrantless inspection of a cyber tip digital video file provided to the officer and identified as child pornography by a private internet service provider constituted an unreasonable search in violation of the… Read more
State v. Kahreem Rashah Wilkins, Sr., 2023AP1385-CR, 10/8/24, District I (not recommended for publication); case activity In a 2-1 decision, the Court of Appeals reversed the circuit court’s order granting Kahreem Wilkins’ motion to suppress evidence seized from his vehicle. The majority found that Wilkins was not seized when police approached the vehicle and saw… Read more
State v. Mark T. Solheim, 2024AP239, District II, 9/18/24 (one-judge decision; ineligible for publication); case activity In its decision reversing the circuit court’s order suppressing evidence obtained pursuant to a warrant for a blood draw, the Court of Appeals reminds that Franks and its Wisconsin counterpart Anderson require defendants challenging the veracity of an affidavit… Read more
State v. Reichert, 2023AP1224, 8/14/24, District II (one-judge decision; ineligible for publication); case activity Roxanne Reichert appealed from a judgment of conviction after she pled no contest to operating a vehicle under the influence. She argued that the circuit court erred when it denied her motion to suppress evidence seized after she was stopped in… Read more
City of Mequon v. Schumacher, 2023AP2411, 7/3/24, District II (one-judge decision; ineligible for publication); case activity COA determines person suspected of driving under the influence does not have right under implied consent statute, Wis. Stat. § 343.305, to refuse blood test if the person offers to take a breath or urine test instead. John Schumacher… Read more
State v. Michael Gene Wiskowski, 2024 WI 23, 6/18/24, reversing and remanding an unpublished court of appeals decision; case activity (including briefs) Community caretaking does not allow police to continue seizure after officer resolves purpose for stop unless reasonable suspicion or probable cause developed. Three justices question continuing validity of Wisconsin’s community caretaking precedent in… Read more
