Columbia County v. Jessica N. Johnson, 2015AP332, District 4, 8/27/15 (one-judge decision; ineligible for publication); case activity (including briefs) The arresting officer had reasonable suspicion to extend Johnson’s detention and ask her to do field sobriety tests based on additional information he gleaned after the initial contact with Johnson. State v. Betow, 226 Wis. 2d 90, 93-95, 593… Read more
a. Field Sobriety Testing
County of Winnebago v. Joshua R. Hunter, 2014AP2628, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket and briefs Hunter sought suppression of evidence supporting his conviction for OWI, and with a prohibited alcohol concentration, because law enforcement detained him for an unlawful length of time. His motion failed based on the… Read more
State v. Frederick C. Thomas, III, 2014AP816-818, 2/19/15, District 4 (1-judge opinion; ineligible for publication); click here for briefs Thomas was convicted of OWI, operating a car with a prohibited alcohol concentration, unsafe lane deviation, and failure to signal a turn. He challenged the stop, the extension of the stop to conduct field sobriety tests… Read more
County of Calumet v. Lisa L. Dolajeck, 2014AP2100, District 2, 1/21/15 (one-judge opinion; ineligible for publication); case activity The court of appeals here affirms a decision denying a motion to dismiss OWI charges and a motion to suppress evidence obtained during a traffic stop. It holds that the sheriff in this case had reasonable suspicion… Read more
State v. Julie A. Bilquist, 2014AP426-CR, District 3, 9/23/14 (1-judge; ineligible for publication); case activity The totality of the circumstances justified extending Bilquist’s detention to investigate whether she was driving while intoxicated despite the lack of indicia—e.g., odor of an intoxicant; glossy, bloodshot eyes; slurred speech—suggesting she had consumed an intoxicant. ¶13 …. As our supreme court noted in… Read more
State v. Walter J. Kugler, 2014AP220, District 2, 9/17/14 (one-judge opinion, ineligible for publication); case activity Kugler challenged his first OWI conviction by arguing that the state trooper who stopped him did not have the requisite probable cause and improperly requested, as a community caretaker, that he submit to a PBT (which he refused). The… Read more
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
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
