The ACLU just released a report called “Fixing Wisconsin Sheriff Policies on Immigration Enforcement.” Among other things, it found that 24 Wisconsin counties have policies that allow or encourage the detention of immigrants for being undocumented or entering the country legally and then overstaying a visa. Without a warrant, this violates the constitution. Another 29… Read more
G. Reasonable suspicion
State v. Misty Dawn Donough, 2017AP2000-CR, 7/10/18, District 1 (1-judge opinion; ineligible for publication), case activity (including briefs) Deputy Moldenhauer saw Donough’s car disabled on an interstate and stopped to help. Moldenhauer repeatedly interacted with Donough, told her to get into the car, put it in neutral, and steer as the car was pushed on… Read more
State v. Marquis Lakeith Pendelton, 2017AP2081-CR, 6/19/18, District 1, (1-judge opinion; ineligible for publication); case activity (including briefs) A caller reported to police that 2 suspicious males had been looking into cars parked in a church lot at 1:30 a.m, at 68th and Silver Spring in Milwaukee and had just run away. An officer thought… Read more
State v. John Patrick Wright, 2017AP2006-CR, 6/12/18, District 1;(1-judge opinion, ineligible for publication), petition for review granted 10/9/18, reversed 2019 WI 45, ; case activity (including briefs) Police stopped Wright’s car because a headlight was out, but they asked him whether he had a concealed carry permit and weapons in the car. He admitted he had a firearm… Read more
Winnebago County v. Lesa L. Maus, 2017AP1979, 5/30/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Maus challenges her stop on the ground that the citizen witness who called in a driver going the wrong way on the interstate said the car was beige, but her car, the one stopped, was black… Read more
Dane County v. Damian A. Bethke, 2017AP1284, 5/31/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Bethke was acquitted of his OWI charge, so this is an appeal only of his refusal, and his claim is that the officer who detained him violated his Fourth Amendment rights. He got his pickup stuck… Read more
State v. Jasetta Smith, 2017AP1807-CR, 5/23/18, District 2, (1-judge opinion; ineligible for publication); case activity (including briefs) Better go easy on the perfume or cologne. An officer ran the license plates on the car Smith was driving at 1:08 a.m. one night. He saw that the registered owner’s license was suspended, stopped the car, learned… Read more
State v. Royce O. Bernard, 2017AP2162-CR, District 1, 5/22/18 (one-judge decision; ineligible for publication); case activity (including briefs) After being charged with carrying a concealed weapon, Bernard challenged the Terry stop that led to the charge. His suppression motion was denied. Postconviction he argued trial counsel was ineffective because he failed in various ways to undermine the credibility… Read more
