court of appeals decision (1-judge, not for publication) BiC; Resp. Br.; Reply Br. Traffic Arrest Probable cause to believe Broad drove on public roadway, hence to arrest for OWI, where car was found off the road, Broad was in driver’s seat and admitted to being driver, car “was warm and running.” Right to Testify Violation of… Read more
D. Search incident to arrest
court of appeals decision (not for publication); BiC; Resp Br; Reply Transport in Squad Didn’t Convert Stop to Arrest Temporary detention for OWI not converted to arrest by transport, in squad while handcuffed, to police station where field sobriety tests could be performed safely; court notes that officer expressly told Krahn detention was temporary and that handcuffs and… Read more
court of appeals decision (not recommended for publication) Probable Cause to Arrest Probable cause to arrest Howell, where he showed up at drug house after police were executing search warrant and had found photo of him throwing gang signs plus he matched description of drug dealer in warrant application… Read more
court of appeals decision (1-judge; ineligible for publication) Traffic Stop – Crossing Center Line Probable cause to stop for crossing center line, even if momentary and even if driving otherwise flawless… Read more
court of appeals decision (1-judge; ineligible for publication) OWI – Probable Cause for PBT Probable cause to administer PBT: rollover accident, odor of intoxicant, Tadych acknowledged drinking; also, PBT result admissible to establish probable cause to arrest… Read more
court of appeals decision; for Puchacz: William M. Hayes Resp Br OWI Enhancer, § 346.65(2) – Out-of-State Conviction Michigan convictions for driving while visibly impaired may be counted as Wisconsin OWI priors, given “broad interpretation and application of the final phrase in Wis. Stat. § 343.307(1)(d) and the public policy supporting our drunk driving laws,” ¶¶12-13… Read more
court of appeals decision (not recommended for publication) Arrest – Probable Cause Arrest based on probable cause where drug informant identified photo of Laster as person he just bought drugs from… Read more
State v. Michael L. Popke, 2009 WI 37, reversing unpublished opinion For Popke: John Miller Carroll, Aaron W. Schenk Issue/Holding: Police had probable cause to believe Popke violated § 346.05, driving on right-side of highway: ¶16 In this case, the officer testified that he was sitting at a stop sign when the defendant turned left onto the road… Read more
