State v. Mark A. Sanders, 2013 WI App 4; case activity Search incident to arrest — area within arrestee’s “immediate control” Search of bed in room from which defendant emerged just before being arrested upheld under Chimel v. California, 395 U.S. 752 (1969), which permits an arresting officer to search the person arrested and the… Read more
D. Search incident to arrest
court of appeals decision (1-judge, ineligible for publication); case activity State v. Andrew Wheaton, 2012AP173-CR Reasonable Suspicion – OWI Presence of the following factors establish reasonable suspicion to stop Wheaton for impaired driving: ¶23 The State points to the following as factors that produced an objectively reasonable suspicion of impaired driving at the time of the stop: (1) Wheaton… Read more
State v. Randall Lee Sugden, 2012AP408-CR, District 4, 10/15/12 court of appeals decision (1-judge, ineligible for publication); case activity Arrest in Richland County by a Sauk County deputy sheriff was justified under the fresh pursuit doctrine, § 175.40(2). State v. Haynes, 2001 WI App 266, 248 Wis. 2d 724, 638 N.W.2d 82, discussed and applied: ¶12 Applying Haynes to the facts… Read more
State v. Portia M. Meyer, 2012AP206-CR, District 4, 9/20/12 court of appeals decision (1-judge, ineligible for publication); case activity Assuming that the police placed Meyer under arrest when handcuffing her and placing her in the back of a squad car following a traffic accident, they had probable cause to do so for failure to yield… Read more
State v. Matthew Owen Hoff, Jr., 2011AP2096-CR, District 3, 6/26/12 court of appeals decision (1-judge, ineligible for publication); case activity ¶19 Here, before arresting Hoff, Gostovich observed him sleeping behind the wheel of a running car that was parked horizontally against the vertical parking stalls. Hoff did not awake to Gostovich’s shouting or knocking. When he finally awoke, he was… Read more
Marquette County v. Carl G. Culver, 2011AP1523, District 4, 6/21/12 court of appeals decision (1-judge, ineligible for publication); case activity The police had probable cause to arrest Culver, the driver in a one-car accident, given the smell of intoxicants on his breath and his “inconsistent answers” to questions about the accident: ¶13 We conclude, under the totality of… Read more
Town of Mukwonago v. John J. Uttke, 2011AP2021, District 2, 1/18/12 court of appeals decision (1-judge, not for publication); for Uttke: Michael C. Witt; case activity Uttke’s driver’s license was revoked for refusal to submit to a blood test upon OWI arrest, and he requested a “refusal hearing,” unsuccessfully challenging the existence of probable cause… Read more
State v. Luke T. Nirmaier, 2011AP1355-CR, District 3, 12/28/11 court of appeals decision (1-judge, not for publication); for Nirmaier: Michael M. Rajek; case activity The odor of alcohol on Nirmaier following a traffic accident resulting in substantial bodily injury triggered the implied consent law, notwithstanding absence of probable cause to arrest at that point: ¶9 Wisconsin Stat. § 343.305(3)… Read more
