State v. Joshua J. Hams, 2015AP2656-CR, 6/30/16, District 4; (1-judge opinion; ineligible for publication); case activity (including briefs) Don’t look down! If you do–and stutter nervously in response to questioning–the police have reasonable suspicion to extend a stop of your car for a traffic violation. So says the court of appeals in a decision that veers across the constitutional… Read more
2. Traffic stops
State v. Justin Carl Herman Hembel, 2015AP1220-CR, 5/10/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Police lacked probable cause to believe Hembel violated § 346.54, governing “How to park and stop on streets,” so the stop of Hembel was unlawful. An officer saw Hembel driving at 2:30 a.m. in a “rural” area… Read more
State v. Zachary W. Swan, 2015AP1718-CR, 5/5/16, District 4 (one-judge opinion; ineligible for publication); case activity, including briefs Swan was convicted of OWI 2nd with a prohibited alcohol content. On appeal he argued that the circuit court should have suppressed the results of a preliminary breath test and other evidence due to the absence of… Read more
State v. Tyler Q. Hayes, 2015AP314-CR, and State v. Tanner J. Crisp, 2015AP315-CR, 4/6/2016, District 2 (not recommended for publication); case activity (including briefs) A sheriff’s deputy, noticing a car parked outside the lines in a parking lot, pulled behind the car, walked up to the driver’s door, and perhaps (the testimony is not clear) asked that… Read more
State v. James A. Webb, 2015AP1613-CR, 3/22/16, District 1 (-1-judge opinion; ineligible for publication); case activity (including briefs) The court of appeals here reverses a suppression order and holds that officers had reasonable suspicion to stop Webb’s SUV because its high-mount stop light was not working while the driver was braking. During the stop, officers… Read more
Columbia County v. Stephen M. Kokesh, 2015AP1650, District 4, 3/10/16 (one-judge decision; ineligible for publication); case activity (including briefs) The totality of the circumstances—the driving observed by the officer and the time of the driving—provided reasonable suspicion stop Kobkesh’s car, despite Kokesh’s creative attempt to show otherwise. ¶9 …. Deputy Steinle testified that Kokesh’s… Read more
State v. John D. Arthur Griffin, 2015AP1271-CR, 3/3/16, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals finds that the police had reasonable suspicion to stop the car Griffin was driving and, even though that suspicion dissipated during the encounter, that the continued detention of Griffin was reasonable. Shortly… Read more
State v. Drew A. Heinrich, 2015AP1524-CR, District 4, 2/25/16 (one-judge decision; ineligible for publication); case activity (including briefs) The stop of the car Heinrich was driving was reasonable under State v. Newer, 2007 WI App 236, 306 Wis. 2d 193, 742 N.W.2d 923, because one of the two owners of the car had an occupational license… Read more
