State v. Gregory L. Cundy, 2023 WI App 41, District 4; case activity (including briefs) A person called police and said they’d seen a particular vehicle back into a parked car at idle speed and then drive off. About 40 minutes later, an officer arrived at Cundy’s house, knowing that the suspect vehicle was registered… Read more
C. Warrant unnecessary
State v. Warner E. Solomon, 2022AP634-CR, District 2, 5/24/23 (not recommended for publication); case activity (including briefs) The court of appeals rejects Solomon’s argument that the police unlawfully extended a traffic stop to wait for a drug dog to arrive to do a thorough search of his car. After stopping Solomon for speeding and detecting… Read more
State v. Steven W. Bowers, 2023 WI App 4; case activity (including briefs) In this important decision addressing a novel Fourth Amendment issue, the court of appeals holds that Bowers had a reasonable expectation of privacy in the contents of his Dropbox account, despite the fact he (1) used his work email address to create the… Read more
State v. Christopher D. Wilson, 2022 WI 77, 11/23/22, reversing an unpublished decision of the court of appeals, 2020AP1014; case activity (including briefs) Someone called the police to report that a vehicle was driving erratically “all over the road.” The caller said the car had stopped in the alley behind a particular house and described… Read more
State v. James Timothy Genous, 2019AP435-CR, 11/1/22, District 1 (not recommended for publication); case activity (including briefs) In 2020 the court of appeals held that police didn’t have reasonable suspicion to stop Genous to investigate whether he was selling drugs. The supreme court reversed and sent the case back to the court of appeals to… Read more
State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs) Police arrested Gajewski in the curtilage of her home without a warrant and exigent circumstances. While this makes the arrest unlawful, the evidence obtained from the arrest is not subject to suppression because police had probable cause to… Read more
State v. Gerald P. Mitchell, 2022 WI App 31; case activity (including briefs) Mitchell v. Wisconsin, 139 S.Ct. 2525 (2019), held that when police have probable cause to believe a driver has committed a drunk driving offense and the driver is unconscious or stupefied to a point that requires hospitalization and precludes a breath test… Read more
County v. Buffalo v. Kevin J. Rich, 2020AP1526, 6/7/22, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) The court of appeals rejected all three of Rich’s challenges to his OWI 1st conviction. It held that the deputy did have reasonable suspicion to stop Rich’s jeep and to expand the stop to require… Read more
