City of Mequon v. Luke J. Chiarelli, 2015AP359, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity (including briefs) There was reasonable suspicion to stop of Chiarell’s car based on two lane deviations during early morning hours and, based on observations the officer made after the stop, there was probable cause to arrest Chiarelli for OWI. At 2:51… Read more
2. Traffic stops
State v. Mark Alan Tralmer, 2015AP715-CR, District 4, 10/8/15 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court’s implicit rejection of Tralmer’s suppression hearing testimony and acceptance of the police officer’s contrary testimony were not clearly erroneous and therefore must be upheld on appeal, State v. Arias, 2008 WI 84, ¶12, 311 Wis. 2d 358, 752… Read more
County of Shawano v. Kory V. Amborziak, 2015AP462, 9/22/15, District 3 (1-judge opinion; ineligible for publication); case activity Ambroziak didn’t challenge an officer’s decision to stop his car for disorderly conduct. Instead, he contended that the officer lacked reasonable suspicion to extend the stop to conduct field sobriety tests but he lost based on the facts found… Read more
State v. Manuel Talavera, 2015AP701-CR, District 2, 9/9/15 (one-judge decision; ineligible for publication); case activity (including briefs) To justify a warrantless traffic stop based on a violation of § 346.34(1)(b), the officer doesn’t need evidence that a driver’s failure to signal before turning his vehicle actually affected other traffic because the statute simply requires motorists to signal turns… Read more
United States v. Rodolpho Hernandez Flores, 7th Circuit Court of Appeals No. 15-1515, 8/19/15 (per curiam) Hernandez Flores was stopped for driving with an obstructed license plate because his rear plate was affixed to his car by a standard frame that covered the plate’s periphery. The stop violated the Fourth Amendment because it was based on… Read more
Columbia County v. Jessica N. Johnson, 2015AP332, District 4, 8/27/15 (one-judge decision; ineligible for publication); case activity (including briefs) The arresting officer had reasonable suspicion to extend Johnson’s detention and ask her to do field sobriety tests based on additional information he gleaned after the initial contact with Johnson. State v. Betow, 226 Wis. 2d 90, 93-95, 593… Read more
Village of Fredonia v. Bruce A. Gossett, 2015AP298, District 2, 8/12/15 (one-judge decision; ineligible for publication); case activity (including briefs) Police need probable cause to believe the driver is operating while intoxicated before they can request a PBT from the driver of a noncommercial vehicle; but for a commercial driver, they can request a PBT if they detect “any… Read more
State v. Kim M. Lerdahl, 2014AP2119-CR, District 3, 8/4/15 (one-judge decision; ineligible for publication); case activity (including briefs) In an interesting decision that sheds some light on how to apply the newly-adopted “reasonable mistake of law” doctrine to traffic stops, State v. Houghton, 2015 WI 79, ___ Wis. 2d ___, ___ N.W.2d ___, the court… Read more
