State v. Quaheem O. Moore, 2023 WI 50, 6/20/23, reversing an unpublished court of appeals decision; case activity (including briefs) As many surrounding states continue to legalize marijuana–and with the explosion of CBD and other legal hemp-derived products throughout Wisconsin–some observers have questioned the continued viability of Fourth Amendment rules permitting intrusive law enforcement action… Read more
c. Drug odor
State v. Quaheem O. Moore, 2021AP938-CR, petition for review of an unpublished court of appeals decision granted 12/21/22; reversed 2023 WI 50; case activity (including PFR, Response, and briefs) Issues presented (from State’s PFR): 1. Did the court of appeals correctly read State v. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387 (1999), to establish… Read more
State v. Nicholas A. Conger, 2022AP844, 12/14/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) A cop stopped Conger’s vehicle for a broken high-mounted stop lamp. On approaching the vehicle, the officer would testify, he smelled intoxicants. He asked Conger what he was smelling, to which Conger replied “Probably the pot.” Conger… Read more
State v. Quaheem O. Moore, 2021AP938-CR, District 4, 7/28/22 (not recommended for publication), state’s petition for review granted 12/21/22; reversed 2023 WI 50; case activity (including briefs) Police stopped Moore for speeding and, after detecting the odor of what the officer believed to be marijuana, searched Moore. (¶¶2-9). Distinguishing State v. Secrist, 224 Wis. 2d 201… Read more
State v. Katelyn Marie Leach, 2019AP1830-CR, 4/16/20, District 4, (1-judge opinion, ineligible for publication; case activity (including briefs) Leach pled “no contest” to 2nd offense operating a motor vehicle with a restricted substance. She moved to suppress evidence that she gave an officer after he told her that (a) if she only had paraphernalia or… Read more
Police had probable cause to arrest for operating with a detectable amount of a controlled substance
State v. Alpesh D. Shah, 13AP2755, District 1, 9/9/14 (1-judge; ineligible for publication); case activity Police officers’ observations of Shah and his driving supplied probable cause to arrest Shah for operating with a detectable amount of a restricted controlled substance in his or her blood. Shah was stopped after he sped by two police cars and was… Read more
State v. Timothy M. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387, cert. denied, __ U.S. __ (1999), reversing, 218 Wis.2d 508, 582 N.W.2d 37 (Ct. App. 1998) For Secrist: Patrick M. Donnelly, SPD, Madison Appellate. Issue/Holding: The issue presented to the court is whether the odor of a controlled substance may provide probable cause to arrest, and… Read more
State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Issue/Holding: Ison lacked probable cause to arrest Wilson when he refused to allow Wilson to use the bathroom because at that time, Ison could not identify Wilson as the source of the marijuana odor… Read more
