State v. Travis J. Rose, 2018 WI App 5; case activity (including briefs) A police officer investigating reports of Rose’s erratic driving concluded Rose was not intoxicated by alcohol, but continued to detain him and, after securing consent, searched Rose’s car, where he found narcotics. The court of appeals holds the officer’s continued detention of Rose… Read more
c. Duration
State v. Bradley E. Ammann, 2017AP866-CR, 12/7/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) A state trooper stopped Ammann for speeding as he and his wife were driving home from a wedding reception. The trooper asked Amman to exit the car and then smelled intoxicants on him. This led to field sobriety tests… Read more
State v. James R. Stib, 2017AP3-CR, District 2, 11/15/17 (not recommended for publication); case activity (including briefs) Stib argues his traffic stop was unlawfully prolonged to conduct a dog sniff under Rodriguez v. United States, 135 S. Ct. 1609 (2015). Assuming Stib is correct, suppression of the evidence seized after the dog alerted is inappropriate under the good-faith exception… Read more
State v. Jesse U. Felbab, 2017AP12-CR, 8/2/17, District 2 (1-judge opinion; ineligible for publication); case activity (including briefs) If at first you don’t succeed, try, try, try again. That’s surely the State’s take away from this decision. Deputy Schoonover stopped Felbab for erratic driving and determined that field sobriety tests and a drug-detecting dog were… Read more
State v. Dane C. McKeel, 2016AP884-CR, District 4, 2/16/17 (one-judge decision; ineligible for publication); case activity (including briefs) “Due to the extremely cold, windy, icy, and snowy conditions” police moved McKeel approximately 8 miles from where he was stopped to a local police department so that McKeel had the “best opportunity” to complete field sobriety tests… Read more
State v. Joshua D. Winberg, 2016AP108-CR, District 3, 1/10/17 (one-judge decision; ineligible for publication); case activity (including briefs) The police had reasonable suspicion to extend a traffic stop to investigate whether the driver was operating under the influence. Winberg can’t win for losing, it seems. He was stopped after an officer ran a registration check on the vehicle… Read more
State v. Jordan Branovan, 2016AP622-CR, 10/5/16, District 2 (1-judge opinion; ineligible for publication); case activity (including briefs) Here’s a sure fire way for law enforcement to comply with Rodriguez v. United States, 135 S.Ct. 1609 (2015): summon a K-9 officer before initiating a traffic stop in order to minimize the extension of it. That’s what Officer… Read more
State v. John J. Valenti, 2016AP662, District 2, 9/7/16 (one-judge decision; ineligible for publication); case activity (including briefs) After stopping and ticketing Valenti for speeding, a state trooper continued to detain him to investigate whether he was operating while intoxicated. The court of appeals rejects Valenti’s claim that the trooper lacked specific, articulable facts justifying expanding the… Read more
