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
35. Search & Seizure
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
State v. Christina Marie Wiederin, case activity (including briefs) Wiederin was a driver in a fatal head-on collision. She was seriously injured in the crash and was trapped inside the car for nearly an hour afterward; she was then taken by ambulance to a hospital in Minnesota, where she would undergo medical imaging followed by… Read more
State v. Jere J. Meddaugh, 2022 WI App 12; case activity (including briefs) Wearing black clothing and riding a bicycle across publicly accessible school grounds in the middle of the night while a Safer at Home order is in effect does not constitute reasonable suspicion that a crime is being committed. So says the court… Read more
State v. Taras O. Haliw, 2021AP1095, District 4, 1/13/21 (one-judge decision; ineligible for publication); case activity (including briefs) Haliw argues his license shouldn’t be revoked for refusing a chemical test for alcohol because the police didn’t have probable cause to arrest him for OWI, see § 343.305(9)(a)5.a. The court of appeals rejects his argument. Haliw… Read more
