State v. Jeffrey D. Kosmosky, 2022AP1754-CR, District 2, 3/29/23 (one-judge decision; ineligible for publication); case activity (including briefs) The officer who stopped the car Kosmosky was driving for speeding had reasonable suspicion to extend the stop by having Kosmosky get out of the car and do FSTs. Kosmosky was stopped for driving 43 m.p.h. in… Read more
35. Search & Seizure
State v. Adekola John Adekale, 2022AP1351, 3/9/20223, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Adekale’s vehicle for speeding and having a bad taillight. Adekale parked his car in a parking lot on the south side of a Motel 6. There were six passengers in the car, who “kept… Read more
State v. Linsey Nichole Howard, 2022AP1608-CR, District 2, 03/08/2023, (one-judge decision, ineligible for publication) case activity Prior to pleading guilty to operating a vehicle with a restricted, controlled substance as a second offense, Howard filed a motion to suppress, claiming that the arresting officer lacked probable cause. The court of appeals affirms the denial of… Read more
State v. Brooke K. Eder, 2021AP485, 2/28/23, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Officers got a warrant to arrest one Estes. The warrant permitted them to search Eder’s apartment for Estes; the affidavit gave various reasons to believe that Estes would be there. Estes was there, and they arrested him… Read more
USA v. Jeremy D. Banks, Appeal No. 22-1312 (7th Cir. Feb. 13, 2023). Banks, a convicted felon, posted a video on Snapchat showing himself barbequing on his front porch with a gun nearby. Officers saw the video and raced to his house without a warrant. They walked onto Banks’s porch, caught him by surprise, engaged… Read more
State v. Craig R. Thatcher, 2020AP1734, 2/7/23, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs). A state trooper stopped Thatcher for a suspected OWI, the trooper read the Informing the Accused Form, and, according to Thatcher, provided additional, misleading information that influenced his decision to consent to a breath test in violation… Read more
County of Dunn v. Kevin J. Cormican, 2020AP1895, 2/7/23, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs) After being convicted of OWI 1st, Cormican appealed the denial of his motion to suppress the results of his blood test. He first argued that the arresting officer gave him information beyond what is on… Read more
State v. Kelly A. Monson, 2022AP1438-CR, District 2, 1/18/23 (one-judge decision; ineligible for publication); case activity (including briefs) There was reasonable suspicion to detain Monson and have her perform field sobriety tests. Officer Kramer saw Monson’s car stopped in traffic a full vehicle length back from a stop sign, something “out of the ordinary” that… Read more
