Review of a per curiam court of appeals decision; case activity Issue (composed by Hogan’s petition for review): 1. When a person is illegally detained by law enforcement for a period of time and then is verbally released by the officers for a comparatively very brief period of time before being re-approached by the officer(s), when is… Read more
1. Stops, in general
State v. Robert A. Harris, 2014AP965-CR, District 2, 10/8/14 (1-judge; ineligible for publication); case activity There was reasonable suspicion that Harris was operating his motor vehicle while intoxicated and the length of Harris’s detention was not unreasonable. ¶8 Although the officer in this case testified at the suppression hearing that he stopped Harris’s vehicle due… Read more
Justin P. Brandl, 2014AP1036-CR, District 2, 10/8/14 (1-judge; ineligible for publication); case activity Even though police did not see any traffic violations or erratic driving, the totality of the circumstances gave rise to reasonable suspicion and made the stop of Brandl’s motorcycle lawful. ¶5 Brandl contends that because the officer did not observe any traffic violations or… Read more
State v. Jeramy J. Qualls, 2014AP141-CR, District 2, 10/8/14 (1-judge; ineligible for publication); case activity Without resolving the burning issue of whether ash from a cigarette violates the Village of Pleasant Prairie’s littering ordinance, the court of appeals holds that a police officer lawfully stopped Qualls’s car because he had reason to believe someone in the car… Read more
Question presented: This Court has held that, during an otherwise lawful traffic stop, asking a driver to exit a vehicle, conducting a drug sniff with a trained canine, or asking a few off-topic questions are de minimis intrusions on personal liberty that do not require reasonable suspicion of criminal activity in order to comport with the… Read more
State v. Micah J. Snyder, 2013AP299-CR, 10/2/14, District 4 (1-judge opinion, ineligible for publication); case activity Based on County of Grant v. Vogt, decided just 2 months ago, the court of appeals reversed the circuit court’s decision to grant Snyder’s suppression motion in this OWI case. The court of appeals held that Snyder was not “seized” when a… Read more
Review of an unpublished court of appeals decision; case activity Issues (composed from the State’s Petition for Review) Did the police have probable cause to arrest Dean Blatterman for operating with a prohibited alcohol concentration, where police were aware Blatterman had three prior OWI convictions, and thus had a .02 PAC threshold? Did the police… Read more
State v. Julie A. Bilquist, 2014AP426-CR, District 3, 9/23/14 (1-judge; ineligible for publication); case activity The totality of the circumstances justified extending Bilquist’s detention to investigate whether she was driving while intoxicated despite the lack of indicia—e.g., odor of an intoxicant; glossy, bloodshot eyes; slurred speech—suggesting she had consumed an intoxicant. ¶13 …. As our supreme court noted in… Read more