State v. Antonio D. Brown, 2013 WI App 17, petition for review granted 10/15/13; case activity Police lacked probable cause to stop Brown for a defective tail lamp, § 347.13, based on one unlit bulb (out of four) in the tail lamp assembly: ¶19 The parties agree with the circuit court’s finding that the police… Read more
b. Stop found unlawful
State v. Dimitrius Anagnos, 2011 WI App 118 (recommended for publication); for Anagnos: Barry S. Cohen; case activity; reversed, 2012 WI 64 Traffic Stop – No Turn Signal Failure to use a turn signal where neither traffic nor pedestrians are present doesn’t support a traffic stop: ¶9 Wisconsin Stat. § 346.34(1)(b) states that a driver must use a… Read more
County of Sauk v. Julio Leon, 2010AP1593, District 4, 11/24/10 court of appeals decision (1-judge, not for publication); for Leon: Robert C. Raymond; Leon BiC; State Resp.; Reply Odor of intoxicants insufficient, alone, to support administering PBT. ¶20 When an officer is not aware of bad driving, then other factors suggesting impairment must be more… Read more
State v. Jerome Hoehne, 2009AP2561-CR, District 4, 9/15/10 court of appeals decision (1-judge, not for publication); for Hoehen: Bill Ginsberg; BiC; Resp.; Reply Probable Cause – Traffic Violation: Driving in Center Lane Driving in the center lane of a 3-lane highway did not support probable cause to arrest for a traffic violation: ¶8 On appeal, the… Read more
State v. Brittany A. Meye, No. 2010AP336-CR, District II, 7/14/10 court of appeals decision (1-judge, not for publication); for Meye: Kevin G. Keane; BiC; Resp.; Reply ¶6 Meye argues that the odor of intoxicants alone is insufficient to raise reasonable suspicion to make an investigatory stop. We agree. We will not cite… Read more
State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision For Kyles: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: The following factors did not add up to reasonable suspicion supporting the frisk of a passenger during a routine traffic stop (¶17): (1) The officer testified that he “didn’t feel any particular threat before searching” the… Read more
court of appeals decision (1-judge, not for publication); Resp Br. (Baake); Reply (State) Traffic Stop – Failure to Yield to Stopped Police Vehicle Stop for failure to yield unsupported: “§ 346.072, by its plain language, only requires a motorist to change lanes if there are two or more lanes in the motorist’s direction of travel and it… Read more
court of appeals decision (1-judge; not for publication) Vehicle Stop – Reasonable Suspicion – Anonymous Tip Insufficient Anonymous tip “from an unknown informant calling from an unknown location” that driver in restaurant parking lot pouring out beer insufficiently reliable to support subsequent stop, where no traffic violations or erratic driving observed… Read more
