State v. Mose B. Coffee, 2020 WI 53, 6/5/20, affirming a published court of appeals decision, 2018AP1209; case activity (including briefs) Under Arizona v. Gant, 556 U.S. 332, 335 (2009), police can search a vehicle after arresting a recent occupant “when it is reasonable to believe that evidence of the offense of arrest might be… Read more
a. Auto
State v. Mose B. Coffee, 2019 WI App 25; affirmed 6/5/20; case activity (including briefs) This published decision should make for an interesting petition for review. The court of appeals rejects a prior unpublished opinion, State v. Hinderman, to hold: ¶13 . . . [W]hen an officer lawfully arrests a driver for OWI, even if… Read more
State v. Eric R. Burrows, 2018AP770-CR, District 2, 12/26/18 (one-judge decision; ineligible for publication); case activity (including briefs) Burrows sent threatening and harassing letters to E.W., arranged inflammatory and derogatory voicemail messages on her phone, and delivered a baby python to her apartment. He argues the police lacked probable cause to arrest him for stalking… Read more
State v. Darrell G. Lewis, 2014AP2289-CR, 2/12/14; District 4 (one-judge opinion, ineligible for publication); click here for briefs After arresting Lewis for OWI, police searched his car and found marijuana. Lewis moved to suppress based on Arizona v. Gant, 556 U.S. 332 (2009), which permits a warrantless search of a car and containers within incident to… Read more
State v. Antonio D. Brown, 2014 WI 69, 7/16/14, affirming a published court of appeals decision; majority opinion by Justice Bradley; case activity Another defense victory! Police stopped Brown’s car due to an alleged violation of §347.13(1), which prohibits the operation of a vehicle at night unless its tail lamps are in “good working order.” In a… Read more
Review of a published court of appeals decision; case activity Issue (composed by the State’s petition for review) In determining the legality of a vehicle stop under the Fourth Amendment, did the court of appeals properly conclude that a tail lamp that is sixty-six percent functional is in “good working order” as required under Wis… Read more
State v. Edward C. Lefler, 2013 WI App 22; case activity Probable cause found to search trunk of vehicle for evidence of burglary-related crimes, after an indisputably lawful stop for drunk driving: ¶11 … “If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its… Read more
State v. Jordan A. Denk, 2008 WI 130, on certification For Denk: Lora B. Cerone, SPD, Madison Appellate Issue: Whether the police may search, incident to the arrest of the driver, a passenger’s personal belongings (in this instance: an eyeglass case) found outside the vehicle. Holding: ¶56 The record indicates that Officer Hahn was concerned about the possible… Read more
