Village of Grafton v. Carl J. Schlegel, 2013AP2521, District 2, 5/7/14 (1-judge; ineligible for publication); case activity Police had probable cause to ask Schlegel to submit to a preliminary breath test under § 343.303 even though he wasn’t asked to perform field sobriety tests first, and the result of the PBT, along with the rest of… Read more
4. Probable cause to arrest
City of Oshkosh v. Jonathan D. Berger, 2013AP2804, District 2, 4/23/14 (one-judge, ineligible for publication); case activity Applying the settled test for deciding whether the police had probable cause to arrest for OWI, the court of appeals examined the facts and circumstances of this case and found probable cause. The facts were that Berger had been… Read more
State v. Marcus Norfleet, 2013AP2294-CR, District 2, 4/9/14; court of appeals decision (1-judge; ineligible for publication); case activity Police had probable cause to arrest Norfleet for both eluding and operating while intoxicated under the totality of the facts and circumstances available to the officer at the time of arrest. After an officer tried to stop a… Read more
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
State v. Lamont C., 2013AP1687, District 1, 2/11/14; court of appeals decision (1-judge; ineligible for publication); case activity ¶14 We conclude under the facts in this case that [Officer] Hoffman did have reasonable suspicion … to stop … Lamont C. Hoffman, relying on information provided to him by a robbery victim, located Lamont C. within minutes… Read more
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
