County of Milwaukee v. Christann Spannraft, 2018AP1553 & 1554, 6/23/20, District 1 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) This is a pro se appeal of an OWI-1st conviction. Spannraft raises three claims, all of which are rejected. First, she says the court should have letter introduce evidence about the arresting officer’s… Read more
35. Search & Seizure
State v. Michelle Greenwood, 2019AP248, 6/9/20, District 3 (one-judge decision; ineligible for publication) case activity (including briefs) Greenwood was pulled over for going 81 when the speed limit was 70. The officer testified her eyes were glassy and bloodshot and that her pupils were quite dilated, and did not constrict quickly when he shined his… Read more
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
State v. Barry J. Krull, 2019AP370-CR, 6/2/20, District 3, (1-judge opinion, ineligible for publication); case activity, (including briefs) Deputies noticed Krull speeding and followed him to his co-worker’s residence. Krull drove 30-40 feet into the driveway when the deputies stopped him, noticed the usual signs of intoxication, conducted FSTs and then took him to the… Read more
State v. Donald Simon Mullen and County of Waukesha v. Donald Simon Mullen, 2019AP1187 & 2019AP1188, 5/20/20, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Mullen pulled his car into a bar parking lot around 1:30 a.m. and a passing officer took interest. He pulled into the lot also, and parked behind… Read more
State v. Jeffrey I. Quitko, 2019AP200-CR, District 3, 5/12/20 (not recommended for publication); case activity (including briefs) Quitko’s motion to suppress evidence obtained following his traffic stop for speeding violation should have been granted because law enforcement lacked probable cause to request that he submit to a preliminary breath test (PBT). ¶2 …… Read more
State v. David William Krumm, 2019AP243-CR, District 3, 5/5/20 (one-judge decision; ineligible for publication); case activity (including briefs) Under § 343.303 and County of Jefferson v. Renz, 231 Wis. 2d 293, 603 N.W.2d 541 (1999), there was probable cause to believe Krumm was operating while intoxicated, so police could request he submit to a preliminary breath… Read more
United States v. Dustin Caya, 7th Circuit Court of Appeals No. 19-2469, 4/16/20 Caya was on extended supervision. Police developed reasonable suspicion to search his home, and duly did so under § 302.113(7r), which was created by 2013 Wisconsin Act 79. Caya argues that statute violates the Fourth Amendment. The Seventh Circuit rejects the claim. Act… Read more
