Dane County v. Brenna N. Weber, 2017AP1024, District 4, 1/11/18 (one-judge decision; ineligible for publication); case activity (including briefs) Weber was legitimately stopped for speeding, but argues there was insufficient basis for the officer to extend the traffic stop to conduct field sobriety tests. The court of appeals holds the totality of the circumstances justified the continued detention. ¶12… Read more
a. Field Sobriety Testing
State v. Frederick S. Smith, 2018 WI 2, 1/9/18, reversing an unpublished court of appeals opinion; case activity (including briefs) This 60-page, 4-3 decision authorizing an officer to continue a traffic stop even after he realizes that he does not have reasonable suspicion is worth reading. Justice Kelly says the result sends “a tremor through… Read more
State v. Bradley E. Ammann, 2017AP866-CR, 12/7/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) A state trooper stopped Ammann for speeding as he and his wife were driving home from a wedding reception. The trooper asked Amman to exit the car and then smelled intoxicants on him. This led to field sobriety tests… Read more
State v. Sarah Ann Wallk, 2017AP61, Distirct 1, 9/26/17 (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals rejects Wallk’s claim that there was insufficient reasonable suspicion to detain her for field sobriety tests after she was stopped for speeding. The officer approached Wallk’s stopped car on the passenger side, but didn’t speak… Read more
State v. Tracy Dean Martin, 2017AP296, 7/25/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) An anonymous tipster told West Allis police that a man was asleep in a car parked across 4 spots at a Taco Bell. The lot was otherwise fairly empty. A check on the car’s registration revealed that… Read more
State v. Brian L. Zieglmeier, 2016AP1815-CR, 4/25/17, District 3 (1-judge opinion, ineligble for publication); case activity (including briefs) What are the odds that a driver who had been drinking beer would get pulled over by an Officer Pilsner? That’s what happened to Zieglmeier, who had been going 42 in a 25 mph zone. While he… Read more
City of Waukesha v. Derek R. Pike, 2016AP1720, 3/1/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) A police officer stopped Pike at 1:00 a.m. because his car lacked a front license plate. The officer smelled alcohol, and Pike admitted that he was coming from a nightclub where he had consumed 1… Read more
State v. Dane C. McKeel, 2016AP884-CR, District 4, 2/16/17 (one-judge decision; ineligible for publication); case activity (including briefs) “Due to the extremely cold, windy, icy, and snowy conditions” police moved McKeel approximately 8 miles from where he was stopped to a local police department so that McKeel had the “best opportunity” to complete field sobriety tests… Read more