County of Washington v. Michael D. Brazee, 2010AP687, District 2, 9/8/10 court of appeals decision (1-judge, not for publication); for Brazee: Walter Arthur Piel, Jr.; BiC; Resp.; Reply Probable cause to arrest found notwithstanding absence of PBT, given erratic driving, admission of drinking 8-10 beers, and failed field sobriety test performance: ¶17 Brazee seems to be asserting that under Renz… Read more
D. Search incident to arrest
Wisconsin supreme court decision, affirming 2008 WI App 131; for Dearborn: Eileen A. Hirsch,SPD, Madison Appellate; BiC; Resp.; Reply Search-Incident – Good-Faith Reliance on Judicial Precedent ¶2 Dearborn maintains, and the State concedes, that in the wake of the United States Supreme Court’s ruling in Arizona v. Gant, 556 U.S. ___, 129 S. Ct. 1710 (2009), the search… Read more
State v. Timothy Charles Bauer, 2010 WI App 93; for Bauer: Catherine M. Canright; BiC; Resp.; Reply Search-Incident – Automobile By failing to address Bauer’s Arizona v. Gant argument, instead relying solely on State v. Fry, 131 Wis. 2d 153, 174, 388 N.W.2d 565 (1986), the States’ argument compels the court to reverse the suppression order… Read more
Village of Whitefish Bay v. David W. Czirr, No. 2010AP92, District I, 6/22/10 court of appeals decision (1-judge; not for publication); for Czirr: Rex Anderegg; BiC; Resp.; Reply Driving across median, even for very brief period of time, establishes probable cause to arrest for traffic offense: ¶14 Next, Czirr does not specifically argue that momentarily being… Read more
Bradley K. Darwin, No. 2009AP2608-FT, District IV, 6/10/10 court of appeals decision (1-judge; not for publication); for Darwin: Bill Ginsberg; BiC; Resp.; Reply ¶5 Darwin argues that the officer lacked probable cause to arrest him for OWI. The municipal court made the following findings of fact with respect to probable cause: Darwin signaled a turn… Read more
court of appeals decision (1-judge, not for publication); for Sporle: Robert J. Jackson; BiC; Resp.; Reply Implied Consent Procedure, § 343.305(2) ¶12 The officer complied with her obligations to provide the “Informing the Accused” information and to make an alternative test available. The officer informed Sporle that, if he took the requested test, he could have… Read more
court of appeals decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br. Miranda – Traffic Stop – Marijuana Odor and Probable Cause Suppression of passenger’s statement due to custodial interrogation without Miranda warnings leaves police without probable cause to arrest driver: ¶7 First, we will address the State’s argument that Kohel’s statement “[w]e just… Read more
court of appeals decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br. Miranda – Suppressed Statement and Probable Cause ¶7 First, we will address the State’s argument that Kohel’s statement “[w]e just smoked an hour ago” was voluntary and should not be suppressed. The trial court found, and we agree, that Kohel’s statement was the… Read more
