United States v. Gregorio Paniagua-Garcia, 7th Circuit Court of Appeals No. 15-2540, 2/18/16 The stop of Paniagua-Garcia for texting while driving was unlawful because the officer had no basis for concluding Paniagua-Garcia was using his cellphone to send a text or email as opposed to using it in some way that isn’t prohibited. An Indiana… Read more
b. Stop found unlawful
City of West Allis v. Teresa A. Michals, 2015AP1688 & 2015AP1689, District 1, 1/26/16 (one-judge decision; ineligible for publication); case activity (including briefs) Police did not have reasonable suspicion to believe Michals was operating while intoxicated or in a “disorderly manner” in violation of a city ordinance. Police saw Michals’s vehicle stopped at a red light at 9:11 p.m… Read more
State v. Joshua Allan Vitek, 2015AP421-CR, District 3, 10/27/15 (one-judge decision; ineligible for publication); case activity (including briefs) Under State v. Newer, 2007 WI App 236, 306 Wis. 2d 193, 742 N.W.2d 923, police may reasonably assume the driver of a car is likely to be the owner, and may stop the car if they… Read more
United States v. Rodolpho Hernandez Flores, 7th Circuit Court of Appeals No. 15-1515, 8/19/15 (per curiam) Hernandez Flores was stopped for driving with an obstructed license plate because his rear plate was affixed to his car by a standard frame that covered the plate’s periphery. The stop violated the Fourth Amendment because it was based on… Read more
State v. Kim M. Lerdahl, 2014AP2119-CR, District 3, 8/4/15 (one-judge decision; ineligible for publication); case activity (including briefs) In an interesting decision that sheds some light on how to apply the newly-adopted “reasonable mistake of law” doctrine to traffic stops, State v. Houghton, 2015 WI 79, ___ Wis. 2d ___, ___ N.W.2d ___, the court… Read more
Town of Bloomfield v. Petko Zvetkov Barashki, 2015AP226, District 2, 6/24/15 (one-judge decision; ineligible for publication); case activity In a case the court of appeals aptly describes as “unusual,” the court exercises its discretionary power of reversal under § 752.35 to throw out Barashki’s OWI 1st conviction and refusal finding on the grounds that the… Read more
Village of Chenequa v. Chad C. Schmalz, 2015AP94-FT, District 2, 4/22/15 (one-judge decision; ineligible for publication); case activity (including briefs) The stop of Schmalz’s car was not supported by reasonable suspicion or justified by the community caretaker doctrine. The Village argues the stop was reasonable based on: (1) the time of day and day of the week… Read more
State v. Cody J. Nolan, 2014AP1359-CR, District 3/4, 12/23/14 (1-judge decision; ineligible for publication); case activity The police did not have reasonable suspicion to believe the red car Nolan was driving had been involved in a reportable accident and was leaving the scene or was assisting others in leaving the scene of a reportable accident… Read more
