State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: By fleeing from a police command to stop, the defendant provided probable cause to arrest for obstructing, and the officer therefore was acting with “lawful authority” under § 946.41(1), ¶¶77-78. … Read more
4. Probable cause to arrest
State v. Christopher M. Repenshek, 2004 WI App 229, PFR filed 12/17/04 For Repenshek: Stephen E. Mays Issue/Holding: The test for probable cause is purely objective, so that the arresting officer’s intent to arrest for a crime that is in fact non-existent is irrelevant. Because in Repenshek’s instance probable cause to arrest indisputably existed, his arrest was… Read more
State v. Gregg A. Pfaff, 2004 WI App 31 For Pfaff: Rex Anderegg Issue/Holding: Probable cause to arrest for OWI upheld on following facts as found by trial court: ¶20. … Metzen’s decision not to perform field sobriety testing was reasonable in light of Pfaff’s injuries. Metzen is an experienced officer and has processed many defendants… Read more
State v. Ibrahim Begicevic, 2004 WI App 57 For Begicevic: Donna J. Kuchler Issue/Holding: ¶9. When Kennedy initially made contact with Begicevic, he appeared confused on how to get to Milwaukee. She immediately noticed a strong odor of intoxicants and that his eyes were bloodshot and glassy. … Because Kennedy was giving Begicevic the benefit… Read more
State v. Cara A. Erickson, 2003 WI App 43 Issue/Holding: The following facts established probable cause to arrest, hence to take a warrantless blood draw, for OWI: ¶15. In this case, the officer knew the following information when he ordered the blood draw. At about 5:40 a.m. on August 27, 2000, less than two hours… Read more
State v. James L. Larson, 2003 WI App 150 For Larson: Rex Anderegg Issue/Holding: ¶16. To determine if probable cause exists, the court must consider whether “the totality of the circumstances within the arresting officer’s knowledge at the time of the arrest would lead a reasonable police officer to believe … that the defendant was… Read more
State v. Eddie McAttee, 2001 WI App 262 For McAttee: Russell D. Bohach Issue: Whether McAttee’s arrest was supported by probable cause. Holding: ¶11. First, Detective Kuchenreuther was entitled to rely on Officer Smith’s knowledge of the confidential informant. See State v. Black, 2000 WI App 175, ¶17 n.4, 238 Wis. 2d 203, 617 N.W.2d 210 (arresting… Read more
State v. Michael M. Longcore II, 2001 WI App 15, on appeal after remand of State v. Longcore I, 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999) For Longcore: William E. Schmaal, SPD, Madison Appellate Issue: Whether replacing a vehicle’s glass window with a plastic sheet violates the safety glass statute, § 347.43(1), so as to provide… Read more
