Torres v. Madrid, USSC No. 19-292, 2021 WL 1132514, 3/25/21, reversing 769 Fed. Appx. 654 (10th Cir. 2019); Scotusblog page (including links to briefs and commentary) Fans of dueling citations to ancient cases will want to savor the entirety of the majority and the somewhat heated dissent in this case; the serjeants-at-mace shew their mace… Read more
G. Reasonable suspicion
State v. Shondrell R. Evans, 2020AP286-CR, District 4, 1/28/21 (not recommended for publication); case activity (including briefs) Evans was seized under the Fourth Amendment when two police officers parked their marked squad cars in a way that restricted—though didn’t totally obstruct—his ability to drive away, shined their headlights and spotlights on his car, and exited… Read more
State v. Jalen F. Gillie, 2020AP372, 1/20/21, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Gillie’s car on a “dark night” because of “suspected illegal window tint.” An eventual search of the car turned up a gun and Gillie was convicted of carrying a concealed weapon without a permit… Read more
State v. Frederick Jennings, 2019AP1539-CR, 12/22/20, District 1 (not recommended for publication); case activity (including briefs) Three officers noticed Jennings either in or near the passenger side of a Toyota having dark tinted windows. They detained him, found marijuana and contraband in the car, arrested him, and found heroin in his pocket. Jennings moved to… Read more
City of Oshkosh v. Brian D. Hamill, 2020AP867, District 2, 12/2/20 (1-judge opinion; ineligible for publication); case activity (including briefs) The facts are just that simple. At 2:38 a.m. (bar closing time) an officer observed Hamill’s Jeep drifting to the right line of its lane, then to the center for 30-40 feet, then to the… Read more
City of New Berlin v. Eric John Dreher, 2020AP850, District 2, 11/25/20 (one-judge decision; ineligible for publication); case activity (including briefs) An officer testified he observed Dreher cut across lanes while turning, deviate from his lane, and travel at a high rate of speed. This led the officer to believe the driver was impaired, as… Read more
State v. Michael Anthony Dotson, 2019AP1082-CR, District 3, 11/24/20 (one-judge decision; ineligible for publication); case activity (including briefs) Though this is a “close case” (¶28), the objectively reasonable inferences from the totality of the facts and circumstances known to the officer who stopped Dotson’s car did not provide reasonable suspicion to believe that Dotson’s blood… Read more
State v. Timothy M. Argall, 2020AP907-CR, District 2, 11/18/20 (one-judge decision; ineligible for publication); case activity (including briefs) Argall was arrested for OWI based on a plethora of evidence—viz., driving after dark without headlights, slurred speech, odor of alcohol, inability to follow questions or give direct answers, admission of drinking 4 to 6 beers, 0.201… Read more
