State v. Bradley C. Burgess, 2021AP1067-CR, District 4, 4/21/22 (not recommended for publication); case activity (including briefs) A traffic stop should last only as long as necessary for the police to complete the “mission” of investigating the traffic infraction that justified the stop, including ordinary inquiries incident to the stop. Rodriguez v. U.S., 575 U.S. 348… Read more
35. Search & Seizure
State v. Charles W. Richey, petition to review a per curiam opinion granted 4/13/22; case activity (including briefs) Question presented: Whether, at the time of the stop, Officer Meier only had a generalized hunch that Richey’s motorcycle may have been the one that committed a traffic violation. An officer in the Village of Weston radioed… Read more
State v. Daniel J. Van Linn, 2022 WI 16, 3/24/22, affirming an unpublished court of appeals decision; case activity (including briefs) After Van Linn refused to consent to a blood draw, police ordered one to be taken even though they didn’t have a warrant or exigent circumstances. After the circuit court suppressed the results of… Read more
State v. Christopher Antonje Tek, 2021AP1112-Cr, 3/31/22, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs). About 45 seconds into a traffic stop, Officer Rocha placed Tek in handcuffs and continued his investigation of a possible OWI. Ten minutes later, Rocha took Tek to jail and arrested him. Tek argued that he was… Read more
City of Waukesha v. Brian John Zimmer, 2012AP530-531, 3/23/22, District 2; case activity (including briefs) The circuit court suppressed the results of Zimmer’s preliminary breath test because Officer Moss demanded, rather than asked, Zimmer to submit to a PBT, contrary to §343.303. It also dismissed Zimmer’s OWI citations. The court of appeals reversed because Moss… Read more
State v. Eric D. Bourgeois, 2022 WI App 18; case activity (including briefs) Police went looking for Bourgeois at a hotel because he might have been in possession of stolen handgun, he had PTSD, and he had a drug problem. At 2:00 a.m., despite a “do not disturb” sign, 3 officers tried to enter his… Read more
Orin Kerr at Volokh Conspiracy has posted an essay on a recent federal district court decision regarding the legality of so-called “geofence” warrants, which involve law enforcement getting access to Google’s cell phone location data and using the data to advance a criminal investigation. Google apparently imposes its own sort of “warrant” requirement, and the basic… Read more
State v. Jennifer A. Jenkins, 2020AP1243-CR, 3/1/22, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) Jenkins, convicted of OWI 2nd, raised some interesting and unusual challenges to the trial court’s order denying her motion to suppress. (1) The arresting officer’s testimony was incredible as a matter of law. (2) He unlawfully stopped… Read more
