State v. Kelly W. Brown, 2018AP2382-CR, Distrct 4, 5/23/19 (1-judge opinion, ineligible for publication); case activity (including briefs) Deputy Weinfurter stopped Brown because he thought that Brown’s car had 6 headlights illuminated on its front rather than the maximum of 4 allowed by §347.07(1). The stop led to an OWI 2nd charge. Brown moved to suppress… Read more
G. Reasonable suspicion
State v. John Patrick Wright, 2019 WI 45, reversing an unpublished court of appeals decision; case activity (including briefs) The supreme court holds (again) that, as part of any routine traffic stop, police may ask a driver whether he or she is carrying a weapon. Wright was stopped for a defective headlight. After telling Wright… Read more
Kansas v. Glover, USSC No. 18-556, certiorari granted 4/1/19 Question presented: Whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary. USSC docket; SCOTUSblog page (including links… Read more
State v. Faith A. Parafiniuk, 2018AP1956, District 2, 3/27/19 (one-judge decision; ineligible for publication); case activity (including briefs) The stop of Parafiniuk’s car was supported by reasonable suspicion and the officer had sufficient reason to extend the stop to administer field sobriety tests. A police officer testified he was completing a turn onto a road… Read more
State v. Kevin Ian End, 2018AP1437, 3/6/19, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) An anonymous caller told police about a vehicle swerving in her lane and having difficulty with speed control. She provided no license late number. An officer proceeded to the area and saw a vehicle make an assortment… Read more
Marquette County v. Christopher Patrick Bray, 2018AP665, 2/28/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs). Bray was convicted of OWI. He argued that the circuit court should have suppressed statements he made to a sergeant during a traffic stop because he wasn’t Mirandized. The court of appeals held that Bray wasn’t… Read more
State v. James R. Mueller, 2018AP44-CR, 2/12/19, District 3 (1-judge opinion, eligible for publication); case activity (including briefs). Mueller conceded that an officer had reasonable suspicion to stop him. He argued that the officer extended the stop based on a “hunch” and that his FSTs results did not provide probable cause for arrest or sufficient… Read more
State v. Brady R. Adams, 2018AP174-CR, 1/15/19, District 3 (1-judge, ineligible for publication); case activity (including briefs) Noting that no Wisconsin precedent addresses the issue in this case, the court of appeals follows United States v. Bohman, 683 F.3d 861 (7th Cir. 2012) and holds that the suspicion of illegal activity in a place is not… Read more
