State v. William A. Reese, 2014 WI App 27; case activity The results of a driver’s blood test should not be suppressed even if they were obtained without a warrant and in the absence of exigent circumstances in violation of Missouri v. McNeely, 133 S. Ct. 1552 (2013), because the arresting officer acted in good faith… Read more
e. OWI
State v. Javier Teniente, 2013AP799-CR, District 4, 1/30/14; court of appeals decision (1-judge; ineligible for publication); case activity Teniente was on his boat in the chamber of Madison’s Tenney Locks waiting for the water to rise. Piqued by Teniente’s boisterous behavior, an officer standing on the wall of the lock engaged Teniente in conversation. (¶¶3-4, 15). This interaction wasn’t a… Read more
State v. Kari L. Schiewe, 2012AP2767-CR, District 4, 10/24/13; court of appeals decision (1-judge; ineligible for publication); case activity Applying well-established principles the court of appeals holds that despite the lack of field sobriety tests or other additional investigatory steps there was probable cause to arrest Schiewe for OWI based on information from witnesses and… Read more
State v. Lewis Allen Stokes, 2012AP2621-CR, District 1, 10/15/13; court of appeals opinion (1-judge; ineligible for publication); case activity Probable cause to arrest for OWI was established based on: police observations of Stokes speeding and weaving in and out of traffic without signaling at 11:00 p.m.; Stokes’s slurred speech and the strong odor of alcohol on… Read more
State v. George R. Ferrell, Appeal No. 2012AP2602, 9/26/13, (1-judge; ineligible for publication); case activity A state trooper does not need evidence such as odors, admissions or containers to have probable cause to arrest for OWI. These facts will do the trick: ¶12 . . . [T]he State Patrol received several reports that Ferrell was… Read more
Winnebago County v. Brady E. Bauman, 2013AP1075, District 2, 9/18/13; court of appeals decision (1-judge; ineligible for publication); case activity After encountering a deputy in a parking lot, Bauman stated he had been drinking, had driven a half-hour before, and had pulled into the parking lot because he felt impaired. The deputy asked, “Are you telling… Read more
Marathon County v. Eric G. Fischer, 2013AP760, District 3, 9/4/13; court of appeals decision (1-judge; ineligible for publication); case activity Police lacked probable cause to arrest Fischer because a “tip” from an ER nurse that Fischer’s BAC was “0.15 percent” did not provide a reliable basis to conclude Fischer was operating while intoxicated. Fischer was… Read more
State v. Scott E. Bartelt, 2013AP110-CR, District 2, 8/14/13; court of appeals decision (1-judge; ineligible for publication); case activity ¶1 …. During his investigation of a bar fight, a village of Butler police officer came to the conclusion that Bartelt should not drive home and offered to give him a ride. Bartelt declined… Read more
