State v. Marcellous D. Tally-Clayborne, 2016AP1912-CR, District 1, 10/17/17 (one-judge decision; ineligible for publication); case activity (including briefs) Tally-Clayborne challenges his carrying a concealed weapon conviction, arguing he was unlawfully stopped, detained and searched because police had no information suggesting he was involved in any illegal activity. The court of appeals holds both the stop and pat-down… Read more
1. Stops, in general
State v. Damien Markeith Divone Scott, 2017 WI App 74; case activity (including briefs) In this case of first impression in Wisconsin, the court of appeals holds that the stop of a car at a police checkpoint was justified by the “special needs” of law enforcement. After police responded to a report of an armed robbery they… Read more
State v. Michael J. Mansfield, 2016AP2423-CR, 10/3/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Mansfield argued police didn’t have reasonable suspicion to detain him based on a tip from an anonymous Turtle Lake Casino employee. The court of appeals holds the tipster should be treated as a citizen informant and, under the… Read more
State v. Denton Ricardo Ewers, 2016AP1671-CR, 8/22/2017, District 3 (not recommended for publication); case activity (including briefs) An employee at Family Dollar called the police to report that man who appeared “dazed and confused” and whose breath smelled of intoxicants had come into the store before leaving in a gold Ford Focus and heading west… 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. Tracy Dean Martin, 2017AP296, 7/25/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) An anonymous tipster told West Allis police that a man was asleep in a car parked across 4 spots at a Taco Bell. The lot was otherwise fairly empty. A check on the car’s registration revealed that… Read more
State v. Sara Ann Ponfil, 2016AP2059-CR, 5/31/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) A police officer discovered cocaine after he detained Ponfil, who, as the officer approached, got out of one of two vehicles parked next to each other outside a bar. The court of appeals concludes that, considered together, the bar’s status as… Read more
County of Dodge v. Alexis N. Unser, 2016AP2172, 4/6/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Unser wasn’t unlawfully moved outside the “vicinity” of the traffic stop when the officer transported her six miles to conduct field sobriety tests. Unser was stopped after 9:00 p.m. in a rural area. It was cold… Read more
