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G. Reasonable suspicion

State  v. Catherine Cuskey Large, 2019AP1966-CR, 8/13/20, District 4 (1-judge opinion, ineligible for publication; case activity (including briefs) The court of appeals correctly affirmed the circuit court’s decision to suppress OWI evidence in this case, where an officer admitted that the New Glarus Police Department’s “protocol” was to administer PBTs on motorists whether they had… Read more

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State v. Christopher J. Vaaler, 2019AP2174, 8/6/20, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) An officer pulled Vaaler over in the very early morning for not having his headlights on. Per the court of appeals, Vaaler’s unusual manner of speech, the odor of intoxicants, and the fact of an open beer… Read more

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State v. Michael Thomas Martell, 2019AP927-CR, District 3, 7/21/20 (one-judge decision; ineligible for publication); case activity (including briefs) An officer located and started following Martell’s SUV after getting dispatchers relayed a tip describing a vehicle driving erratically. What the officer saw provided reasonable suspicion for a traffic stop. ¶13     Specifically, [Lieutenant] Schaub observed… Read more

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State v. Courtney C. Brown, 2020 WI 63, 7/3/20, affirming a published court of appeals opinion, 2017AP774-CR, case activity (including briefs) “Supreme Court affirms wide discretion in traffic stops; dissent says implicit bias will go unchecked” That’s the JSOnline’s pithy description of SCOW’s 4-1 decision in this case. Also noteworthy, Justice R.G. Bradley filed a… Read more

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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

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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

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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

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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

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