State v. Thomas M. Gibson, 2016AP1933-CR, 2/22/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) An officer trained in visually estimating speed observed a car driven by Gibson going what he estimated to be 25 m.p.h. in a 15 m.p.h. speed zone. He trained a radar unit on the car, and that said… Read more
2. Traffic stops
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
Village of Ashwaubenon v. Mark J. Bowe, 2016AP594, 2/14/17, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) Bowe argues that standard field sobriety tests constitute a 4th Amendment search. Thus, law enforcement needs probable cause, not reasonable suspicion, before asking a suspect to perform them. The court of appeals notes that it… Read more
State v. Nicholas W. Stern, 2016AP1534, District 3, 2/7/17 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court implicitly credited the testimony of a police officer that Stern was in the wrong lane of travel as he drove toward the officer, and therefore held the officer had reasonable suspicion to stop Stern… Read more
Review of a per curiam court of appeals decision; case activity (including briefs) Issues (from the petition for review): 1. When a police officer performs a lawful traffic stop, is it reasonable for the officer to make contact with the driver to ask for the driver’s name and identification and to explain the basis for… Read more
State v. Joshua D. Winberg, 2016AP108-CR, District 3, 1/10/17 (one-judge decision; ineligible for publication); case activity (including briefs) The police had reasonable suspicion to extend a traffic stop to investigate whether the driver was operating under the influence. Winberg can’t win for losing, it seems. He was stopped after an officer ran a registration check on the vehicle… Read more
Review of a published court of appeals decision, 2016 WI App 64; case activity (including briefs) Issues (from petition for review): Whether an officer’s justification to search is objectively reasonable where the suspect is not observed doing or saying anything suspicious, but cooperating in circumstances that the officer believes are suspicious? Whether counsel provided ineffective assistance… Read more
State v. Brittanie Jo Palaia, 2016AP467-CR, 12/30/17, District 3 (1-judge decision; ineligible for publication); case history (including briefs) Here we have the latest twist on State v. Newer, 2007 WI App 236, 306 Wis. 2d 193, 742 N.W.2d 923, which held that an officer who knows only that a moving vehicle is registered to a person… Read more
