a. Field Sobriety Testing

State v. Richard H. Hogenson, 2013AP389-CR, District 3, 10/15/13; court of appeals decision (1-judge; ineligible for publication); case activity Though it is “a very close case” (¶14), the court of appeals holds an officer had reasonable suspicion to extend a traffic stop based on a burned-out headlamp and conduct field sobriety tests: ¶15      In this case… Read more

State v. Kenneth B. Burmeister, 2013AP1016-CR, District 3, 9/17/13; court of appeals decision (1-judge; ineligible for publication); case activity Police lawfully extended a traffic stop to conduct field sobriety tests because the odor of alcohol, the driver’s initial “deflective answer”  to the question of whether he had been drinking, and his subsequent admission to drinking… Read more

State v. Tony L. Wyatt, 2013AP728-CR, District 2, 8/28/13; court of appeals decision (1-judge; ineligible for publication); case activity A sheriff’s deputy stopped the car Wyatt was driving after checking the license plate of a car driving in front of the deputy and determining the car’s owner—a female—didn’t have a valid driver’s license. If the… Read more

Town of Freedom v. Matthew W. Fellinger, 2013AP614, District 3, 8/6/13; court of appeals decision (1-judge; ineligible for publication); case activity Fellinger argues that field sobriety tests are searches under the Fourth Amendment because “[a]n inherent right as a human being is to control and coordinate the actions of [his or her] own body[,]” and… Read more

State v. Travis M. Ranta, 2012AP1663, District 4 (1-judge, ineligible for publication); case activity Police were called to a campsite where the defendant admitted to drinking with underage individuals.  An hour later, another officer was called to the same site, where he observed the defendant behaving in a “belligerent, uncooperative [and] loud” manner.  A PBT… Read more

County of Fond Du Lac v. Nathan M. Kohlwey, 2013AP101-FT, District 2, May 1, 2013; (not recommended for publication); case activity. This appeal may take the prize for the skimpiest briefs–the appellant’s is 6 pages and the respondent’s is 3.  This post is even shorter. After receiving a 911 call about a driver who had… Read more

State v. Gary A. Senger, 2011AP1950-CR, District 2, 1/18/12 court of appeals decision (1-judge, not for publication); for Senger: Robert C. Raymond; case activity Applying the test described in State v. Betow, 226 Wis. 2d 90, 94-95, 593 N.W.2d 499 (Ct. App. 1999) for extending a traffic stop, the court concludes that the officer had… Read more