Review of a published court of appeals decision; case activity Issue (composed by the State’s petition for review) In determining the legality of a vehicle stop under the Fourth Amendment, did the court of appeals properly conclude that a tail lamp that is sixty-six percent functional is in “good working order” as required under Wis… Read more
1. Stops, in general
Review of unpublished court of appeals decision; case activity Issue (composed by On Point) Was Vogt seized for purposes of the Fourth Amendment when a police officer pulled up behind Vogt’s parked car, approached the car, rapped on the driver’s window, and directed Vogt to roll the window down? Petitions for review aren’t available on… Read more
Question presented: Does the Fourth Amendment require an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate dangerous driving before stopping the vehicle? Lower court opinion: People v. Lorenzo Prado Navarette, et al., No. A132353, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished) Docket Scotusblog page This is a very… Read more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
State v. Cherry, 2012AP1137-CR; District 2, 6/19/13; (not recommended for publication); case activity Cherry was convicted of burglary and criminal damage to property, both as party to a crime. Here’s what happened: While investigating a residential burglary, officers saw two black men (Cherry and a companion) walking down a rural road near the scene of the crime. Their… 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
State v. Alvernest Floyd Kennedy, 2012AP523-CR, District 1, 4/9/13, court of appeals decision (not recommended for publication), petition for review granted 2/19/14, affirmed, 2014 WI 132; case activity Terry stop — reasonableness of length of detention; arrest –probable cause Kennedy was the driver of a car that struck a pedestrian. (¶¶3-5). After about 30 minutes on… Read more
