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b. Stop found unlawful

State v. Daniel S. Iverson, 2014AP515-FT, 10/9/14, District 4 (1-judge decision, ineligible for publication), petition for review granted 1/16/15; reversed, 2015 WI 101; case activity Iverson won a motion to suppress and dismissal of his first OWI.  He prevailed again on appeal.  Turns out the state trooper did not stop Iverson on suspicion of OWI.  He… Read more

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State v. Benjamin P. Lind, 2014AP749-CR, District 3, 9/30/14 (1-judge; ineligible for publication); case activity Officer’s observation of an unfamiliar vehicle entering the driveway of a home of a local police officer at 1:36 a.m. did not provide reasonable suspicion to conduct an investigatory stop of the vehicle. ¶13      The law is clear that an officer must suspect someone… Read more

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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

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State v. Gumersinda M. Gonzalez, 2013AP2585-CR, District 4, 5/8/14 (1-judge; ineligible for publication); case activity The officer lacked reasonable suspicion to extend the duration of a traffic stop by asking a driver to perform field sobriety tests, so evidence of THC possession obtained during the stop must be suppressed. A police officer stopped Gonzalez’s car for a… Read more

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State v. Dean M. Blatterman, 2013AP2107-CR, District 4, 4/24/14 (one-judge; ineligible for publication), petition for review granted 9/24/14, reversed, 2015 WI 46; case activity You don’t see this very often.  The court of appeals just reversed a circuit court decision denying a motion to suppress evidence of intoxication.  The police performed field sobriety and blood tests… Read more

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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

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State v. Raenold Quiles, 2012AP1282, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Given the trial court’s finding of fact that Quiles was merely “wandering over to and touching the fog line for a bit,” with otherwise “smooth, normal driving,” the traffic stop for crossing the fog line wasn’t supported… Read more

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Reasonable Suspicion – Traffic Stop, OWI

Village of DeForest v. Lynn J. Braun, 2011AP2116, District 4, 3/15/12 court of appeals decision (1-judge, not for publication); for Braun: Robert Nagel; case activity Stop for driving under the influence unsupported by reasonable suspicion: ¶11      I likewise conclude that there were insufficient facts before Officer Schaefer which could lead him to reasonably suspect that Braun was driving… Read more

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