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
2. Traffic stops
City of Eau Claire v. David Eugene Phelps, 2016AP248, District 3, 12/28/16 (one-judge decision; ineligible for publication); case activity (including briefs) Contrary to the circuit court’s conclusion, a police officer’s observations about Phelps’s driving provided more than a “hunch” and justified the stop of his car. ¶9 First, Phelps twice traveled at unusually… Read more
State v. Marie A. Martin, 2016AP913-CR, District 1, 12/20/16 (one-judge decision; ineligible for publication); case activity (including briefs) A police officer’s contact with the driver of a car idling in a parking lot at 2:00 a.m. was lawful because the objective facts justified a reasonable suspicion of criminal activity. The officer had done a registration check… Read more
State v. Curtis D. Christianson, 2015AP24400-CR, District 3, 11/1/16 (one-judge decision; ineligible for publication); case activity (including briefs) An officer observed Christianson deviate from his lane of traffic “numerous” times by going over the center line and fog line; some of the deviations occurred while he was driving through a construction zone that had orange… Read more
County of Fond Du Lac v. Blade N. Ramthun, 2016AP825, District 2, 10/26/16 (1-judge opinion, ineligible for publication); case activity (including briefs) A deputy stopped Ramthun for speeding and suspected that he had been drinking. Because it was 1:08 a.m. and raining hard on Highway 45, the deputy drove him 3 to 4 miles to… Read more
State v. Sabrina Marie Hebert, 2015AP2183-CR, District 3, 10/12/2016 (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals rejects Hebert’s challenges to the circuit court’s factual findings and its conclusion that there was reasonable suspicion to stop the car she was driving. The evidence at the suppression hearing consisted of: the testimony… Read more
State v. Courtney L. Carney, 2016AP175-CR & 176, 9/21/2016, District 2 (1-judge decision; ineligible for publication); case activity (including briefs) At 3 a.m. on a Saturday morning, police pulled a car over for a broken light. The car driving in front of the targeted vehicle also stopped; this was Carney’s. The police ended up detaining him too, leading… Read more
Town of Grand Chute v. Shelley L. Kowalewski, 2015AP1788, District 3, 9/20/16 (one-judge decision; ineligible for publication); case activity (including briefs) The stop of Kowalewski’s car was supported by probable cause that she violated § 346.34(1)(b), which requires a drive to use a turn signal “[i]n the event any other traffic may be affected by… Read more
