City of Sheboygan v. Herbert Binkowsky, 2012AP974, District 2, 10/17/12 court of appeals decision (1-judge, ineligible for publication); case activity An anonymous call to the police, reporting the commission of domestic violence by a suspect who drove away in a red Cadillac with an identified plate number, was sufficiently corroborated to support a stop of a car… Read more
1. Stops, in general
State v. Pamela L. Hammersley, 2012AP1131-CR, District 2, 9/26/12 court of appeals decision (1-judge, ineligible for publication); case activity Stop of vehicle, assertedly for violating local trespassing ordinance, held not supportable: ¶3 It is settled law that a stop cannot be based on an officer’s mistaken understanding of the law. State v. Longcore, 226 Wis. 2d 1… Read more
State v. William R. Hartman, 2011AP622, District 4, 9/20/12 court of appeals decision (1-judge, ineligible for publication); case activity OWI – Refusal Hearing – Raising Challenge to Lawfulness of Stop Refusal hearing supports litigation of lawfulness of stop; State v. Anagnos, 2012 WI 64, ¶42, 341 Wis. 2d 576, 815 N.W.2d 675, followed: ¶14 Accordingly, we reject the State’s… 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. Carl Rissley, 2012 WI App 112 (recommended for publication); case activity Reasonable suspicion supported Terry stop to investigate possible crime. Homeowner called police to report early-morning confrontation with possible trespasser, who then took flight in van at high rate of speed, and officer stopped vehicle matching description within five minutes of report: ¶13 All of this… Read more
State v. Paul J. Mayek, 2012AP398-CR, District 3, 8/21/12 court of appeals decision (1-judge, ineligible for publication); case activity ¶8 Although we have concluded Rasmussen did not seize Mayek until after he approached Mayek’s vehicle, it is impossible to tell from Rasmussen’s testimony precisely when the seizure occurred. Neither the parties, nor the circuit court, appear to… 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
State v. Craig R. Moss, 2012AP259-CR, District 3, 8/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Terry stop of Moss’s car supported by reasonable suspicion of involvement in drug activity: ¶10 While patrolling a high crime area in the middle of the night, Steffens observed a vehicle stop briefly in front of a known drug house. When… Read more
