State v. Thomas J. Anker, 2014 WI App 107; case activity If a conservation warden shouted “you’re under arrest,” ordered you to stop walking, forcibly handcuffed you, and restrained you in his car until he could turn you over to investigating authorities, would you think you were under arrest or simply “temporarily detained”? The State, with a… Read more
1. Stops, in general
State v. Elisa Estrada, 2013AP2803-CR, District 2, (not recommended for publication); case activity Estrada did not challenge the legality of the law enforcement’s decision to stop her vehicle for a traffic violation. Her appeal focused on the decision to extend the stop longer than necessary to address a suspended registration in order to investigate a… Read more
City of Bloomer v. James S. Frank, 2013AP2597, District 3, 8/5/14 (1-judge; ineligible for publication); case activity The circuit court didn’t erroneously exercise its discretion in reopening suppression hearing to take additional evidence in the form of dispatch recordings which the city tried, but failed, to obtain before the suppression hearing in the case. Frank… Read more
State v. Bradley Edward Magdzas, 2014AP250-CR, District 3, 8/5/14 (1-judge; ineligible for publication); case activity The police had reasonable suspicion to stop Magdzas and, once he was stopped, could reasonably ask him for his name and identification. Police investigating an incident involving one Kauther and a state trooper went to Kauther’s home to try to… Read more
County of Grant v. Daniel A. Vogt, 2014 WI 76, 7/18/14, reversing an unpublished court of appeals decision; majority opinion by Justice Prosser; case activity “Although we acknowledge that this is a close case, we conclude that a law enforcement officer’s knock on a car window does not by itself constitute a show of authority… Read more
State v. Antonio D. Brown, 2014 WI 69, 7/16/14, affirming a published court of appeals decision; majority opinion by Justice Bradley; case activity Another defense victory! Police stopped Brown’s car due to an alleged violation of §347.13(1), which prohibits the operation of a vehicle at night unless its tail lamps are in “good working order.” In a… Read more
State v. Joshua D. Winberg, 2013AP2661-CR, District 3, 5/28/14 (1-judge; ineligible for publication); case activity The driver of a car stopped based on officer’s knowledge that the car owner’s license was revoked was not unlawfully seized because, even thought it was immediately apparent the car owner was not driving, the police also immediately observed additional… Read more
State v. Andrew K. Wenz, 2013AP2576-CR, District 1, 5/13/14 (1-judge; ineligible for publication); case activity Police had reasonable suspicion to stop his car because the content of a tip from a known, reliable informant allowed police to ascertain whether they were stopping the correct vehicle. A convenience store clerk called police she became suspicious of a “yellow”… Read more
