Marquette County v. Randy S. Tomaw, 2013AP1510, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity Tomaw was going 17 miles over the speed limit at 1:20 on a Sunday morning. He did not appear to respond to the officer’s initial attempt at contact, his upper body swayed as he walked to… Read more
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State v. Derek S. Strasen, 2013AP1523-CR, District 2, 1/22/14; court of appeals decision (1-judge; ineligible for publication); case activity There was no probable cause to administer an initial PBT to Strasen, who was stopped for speeding, even though he emitted a faint smell of intoxicants, had bloodshot and “glossy” eyes, and said he had been… Read more
State v. Kenneth B. Burmeister, 2013AP1016-CR, District 3, 9/17/13; court of appeals decision (1-judge; ineligible for publication); case activity Police lawfully extended a traffic stop to conduct field sobriety tests because the odor of alcohol, the driver’s initial “deflective answer” to the question of whether he had been drinking, and his subsequent admission to drinking… Read more
State v. Kenneth C. House, 2013 WI App 111; case activity House was stopped for operating with a suspended registration. After running House’s license and learning he was on probation for a drug offense, the officer returned House’s license and issued him a warning for the suspended registration. The officer then retrieved his police dog… Read more
City of Oshkosh v. Ernest D. Lehl, 2012AP2717, District 2, 4/24/13; court of appeals decision (1-judge, ineligible for publication); case activity Police had reasonable suspicion to extend a traffic stop and request Lehl to perform field sobriety tests because there were specific and articulable facts which, taken together with rational inferences from those facts, reasonably… Read more
Village of Menomonee Falls v. Timothy E. Rotruck, 2012AP1024-FT, District 2, 9/1, District 2, 9/19/12 court of appeals decision (1-judge, ineligible for publication); case activity Concededly proper traffic stop; after citations issued, officer sought and obtained consent to search vehicle, resulting in seizure of contraband – court concludes that, under the circumstances, traffic stop had… Read more
State v. Johnnie Austin, 2011AP2953-CR, District 1, 8/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Continued detention of Austin, following an indisputably proper stop for illegal parking, was supported by reasonable suspicion: ¶14 This court disagrees; the trial court properly found Officer Tisher’s continued detention of Austin reasonable. If, during a valid traffic stop, an… Read more
court of appeals decision (1-judge, not for publication); for Thomas: John M. Carroll; case activity Traffic Stop – Duration ¶8 Thomas argues Schellinger lacked reasonable suspicion to extend the traffic stop because the only fact supporting Schellinger’s belief that Thomas was operating while intoxicated was the odor of intoxicants. Thomas asserts the odor of intoxicants does not… Read more
