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35. Search & Seizure

State v. Annika S. Christensen, 2022AP500, 9/9/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Christensen was one of two occupants of a parked car after dark. A police truck approached, parked close behind her, and shined its takedown light into the car. At least one officer got out of the car… Read more

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State v. Todd W. Vaughn, 2022AP644-Cr, 9/29/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Vaughn was convicted of operating a vehicle with a PAC, second offense. He claimed that the deputy who stopped him lacked reasonable suspicion because he acted solely on an uncorroborated anonymous tip. The court of appeals held… Read more

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County of Jefferson v. Julianne Trista Wedl, 2022AP328, 9/9/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Wedl was driving her car when she came upon another vehicle engulfed in flames. An off-duty police officer also happened by and stopped. When the first on-duty officer arrived, he approached Wedl, who seemed to… Read more

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State v. John Dean Pleuss, 2021AP504-CR, District 4, 8/25/22 (not recommended for publication); case activity (including briefs) The deadline for filing a return of property application under § 968.20 is “directory” rather than mandatory, so failing to comply with the deadline doesn’t deny a circuit court the competency to decide the application if the petitioner… Read more

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State v. Randaro V. Jones, 2020AP1046, District 1 (one-judge decision; ineligible for publication) 9/7/22, case activity (including briefs) This is not an OWI case; rather, it’s an appeal from a conviction of recklessly endangering safety by using a firearm while intoxicated. But the blood test that led to this charge came as a result of… Read more

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Traffic stop was extended lawfully

State v. Brynton C. Foston, 2022AP387, 9/14/22, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) An officer saw Foston driving without headlights between 2:00 and 3:00 a.m. and activated his emergency lights. Foston didn’t stop. He accelerated, pulled into his driveway, and stumbled as he tried to reach his back door. The… Read more

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City of West Bend v. Peter F. Parsons, 2022AP98, 8/17/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) This is an appeal of convictions for violating local ordinances in conformity with the state laws outlawing OWI. The court of appeals affirms. An officer stopped Parsons’s vehicle after midnight during a snowstorm, thinking… Read more

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State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs) Police arrested Gajewski in the curtilage of her home without a warrant and exigent circumstances. While this makes the arrest unlawful, the evidence obtained from the arrest is not subject to suppression because police had probable cause to… Read more

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