State v. Damon Keith Sutton, 2012 WI App 7 (recommended for publication); for Sutton: Maayan Silver; case activity Reasonable Suspicion – “Frisk,” of Vehicle Reasonable suspicion supported “protective search” of Sutton’s van following routine traffic stop: While the officer ran a document check, Sutton remained in the van. The officer discerned “distinct rocking motions,” which… Read more
C. Warrant unnecessary
State v. Michael P. Parizanski, 2011AP395, District 2, 11/30/11 court of appeals decision (1-judge, not for publication); for Parizanski: Andrew Mishlove; case activity Seizure of motorist who had parked by the side of a road, leading to an OWI arrest, was supported by community caretaker rationale as informed by State v. Kramer, 2009 WI 14, 315 Wis… Read more
City of Sheboygan v. Benjamin B. Schultz, 2011AP904, District 2, 11/09/11 court of appeals decision (1-judge, not for publication); for Schultz: Casey J. Hoff; case activity Stop of Schultz’s vehicle supported by community caretaker doctrine where, as Schultz drove past officer conducting an otherwise unrelated traffic stop, Schultz’s passenger door opened up and someone inside… Read more
State v. Ricky O. Halverson, 2011AP240-CR, District 2, 9/14/11 court of appeals decision (1-judge, not for publication); for Halverson: Walter R. Andrew; case activity Officer, whose investigation of single-car crash led him to Halverson’s home, wasn’t properly engaged in community caretaker exercise when he took Halverson into custody, supposedly for his own good, ¶¶8-14. Community caretaker test, State… Read more
State v. Deandre A. Buchanan, 2011 WI 49, affirming unpublished CIA decision; for Buchanan: Tyler William Wickman; case activity Frisk – Auto Frisk of Buchanan, following routine traffic stop for speeding, was supported by reasonable belief that he was armed and dangerous. ¶3 We hold that under the totality of the circumstances in this case, the trooper’s… Read more
State v. Matthew P. Rick, 2010AP1521,District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Rick: Jonas B. Bednarek; case activity Warrantless blood draw is permissible under exigent circumstances doctrine, upon lawful arrest for non–jailable, civil violation. State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), followed… Read more
State v. Brian T. St. Martin, 2011 WI 44, on certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; case activity Consent to Search – Co-Tenant – Georgia v. Randolph Georgia v. Randolph, 547 U.S. 103 (2006) holds that a physically present resident’s objection trumps a co-tenant’s consent to a warrantless search of a residence. However, this rule does… Read more
State v. Deundra R. Lathan, 2011 WI App 104 (recommended for publication); for Lathan: George S. Tauscheck; case activity Consent to Search, Co-Occupant Consent to search premises given by one occupant overrides refusal to consent by co-occupant when neither is the subject of the search or ensuing arrest (resolving question expressly held open by Georgia v… Read more
