State v. Jesse U. Felbab, 2017AP12-CR, 8/2/17, District 2 (1-judge opinion; ineligible for publication); case activity (including briefs) If at first you don’t succeed, try, try, try again. That’s surely the State’s take away from this decision. Deputy Schoonover stopped Felbab for erratic driving and determined that field sobriety tests and a drug-detecting dog were… Read more
2. Traffic stops
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
Mike Tobin guest posts on State v. Lewis O. Floyd, Jr., 2017 WI 78, 7/7/17, affirming a published court of appeals opinion, 371 Wis. 2d 404; case activity (including briefs) The majority opinion affirms the rulings of the lower courts that the defendant voluntarily consented to a frisk of his person following a traffic stop. The… Read more
Marquette County v. Matthew J. Owens, 2016AP2176, District 4, 6/15/17 (one-judge decision; ineligible for publication); case activity (including briefs) Owens argues that a police officer’s driving was so careless or unlawful that it required Owens to react in a way that created reasonable suspicion to stop him. Not so, says the court of appeals. The… Read more
City of Pewaukee v. John Jay Kennedy, 2016AP2383, 5/17/17, District II (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Kennedy’s vehicle after running the plates and seeing that its registered owner, Kennedy, had a warrant out for his arrest. Kennedy was driving, and was eventually arrested for OWI. On appeal, Kennedy… 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
State v. Terrence L. Perkins, 2016AP1427-CR,4/4/17, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs) At Perkins’ suppression hearing, Officer Stetzer testified that he saw Perkins drive through a stop sign and part way through a cross walk into the middle of an intersection where he then backed up to allow a car to pass before proceeding. The… 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