State v. John J. Valenti, 2016AP662, District 2, 9/7/16 (one-judge decision; ineligible for publication); case activity (including briefs) After stopping and ticketing Valenti for speeding, a state trooper continued to detain him to investigate whether he was operating while intoxicated. The court of appeals rejects Valenti’s claim that the trooper lacked specific, articulable facts justifying expanding the… Read more
2. Traffic stops
State v. Troy Paulson, 2015AP456-CR, 8/31/16, District 2 (1-judge opinion, not recommended for publication); case activity (including briefs) This is the second dog sniff case from District 2 in less than a week. See our post on State v. Downer Jossi here, which recognized that SCOTUS’s Rodriguez v. United States overruled SCOW’s State v. Arias. Paulson, however, did… Read more
State v. Paul R. Vanderlinden, 2015AP901-CR, District 3, 8/30/16 (one-judge decision; ineligible for publication); case activity (including briefs) Vanderlinden was convicted of OWI 2nd and driving with a PAC 2nd. An officer had stopped Vanderlinden’s car because two witnesses had reported him drinking beer and leaving the theater with a beer in his pocket. According… Read more
State v. Jeffrey Jacob Udelhofen, 2016AP385-CR, 8/4/16, District 4 91-judge opinion; ineligible for publication); case activity (including briefs) The defendant was convicted of driving with a PAC (3rd offense). He appealed the denial of his suppression motion and argued that the State: (a) waited too long–until closing arguments at the suppression hearing–to specify which traffic… Read more
State v. Thomas M. Ort, 2015AP1571-72-CR, 8/2/16; District 3 (1-judge opinion; ineligible for publication); case activity (including briefs) Ort did not challenge the circuit court’s findings that Officer Vosters observed a silver truck speeding and that speeding would be a reasonable basis to stop the truck. Ort’s objection was that after observing the speeding, Vosters… Read more
You don’t need to click here to learn that the standards police apply when deciding to stop and search black and Hispanic drivers is considerably lower than the standards they apply to white and Asian driver. But you should click there if you want to read more about a new statistical method that several Stanford professors… Read more
State v. Michael L. Joy, 2015AP960-CR, District 3, 7/26/16 (one-judge decision; ineligible for publication); case activity (including briefs) An officer’s multiple good-faith factual mistakes didn’t invalidate his stop of a truck to investigate a possible registration violation. On two separate occasions a short time apart, the officer entered the license plate number of a truck into his… Read more
State v. Cynthia J. Popp, 2016AP431-CR, District 4, 7/7/16 (one-judge decision; ineligible for publication); case activity (including briefs) There was reasonable suspicion to continue detaining Popp for field sobriety testing even though the officer didn’t smell alcohol on her and told dispatch and a back-up officer he wasn’t sure what caused the poor driving he’d observed. Popp offered… Read more
