Langlade County v. Casey Joseph Stegall, 2014AP2369, District 3, 5/5/15 (one-judge decision; ineligible for publication); case activity (including briefs) Reasonable suspicion does not require the presence of certain facts, or a certain number of facts; rather, “what constitutes reasonable suspicion is a common sense test: under all the facts and circumstances present, what would a… Read more
2. Traffic stops
Village of Chenequa v. Chad C. Schmalz, 2015AP94-FT, District 2, 4/22/15 (one-judge decision; ineligible for publication); case activity (including briefs) The stop of Schmalz’s car was not supported by reasonable suspicion or justified by the community caretaker doctrine. The Village argues the stop was reasonable based on: (1) the time of day and day of the week… Read more
Rodriguez v. United States, USSC No. 13-9972, 2015 WL 1780927 (April 21, 2015), reversing United States v. Rodriguez, 741 F.3d 905 (8th Cir. 2014); Scotusblog page (includes links to briefs and commentary) Some lower courts have held that police may briefly prolong a completed traffic stop in order to conduct a dog sniff. The Supreme Court rejects that… Read more
County of Winnebago v. Joshua R. Hunter, 2014AP2628, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket and briefs Hunter sought suppression of evidence supporting his conviction for OWI, and with a prohibited alcohol concentration, because law enforcement detained him for an unlawful length of time. His motion failed based on the… Read more
Review of an unpublished court of appeals opinion; Click here for docket and briefs Issue (composed by On Point): Whether an articulable suspicion or probable cause that a person has violated a statute punishable only by forfeiture can justify a warrantless seizure of the person? A state trooper stopped Iverson’s jeep when he saw a cigarette… Read more
State v. Frederick C. Thomas, III, 2014AP816-818, 2/19/15, District 4 (1-judge opinion; ineligible for publication); click here for briefs Thomas was convicted of OWI, operating a car with a prohibited alcohol concentration, unsafe lane deviation, and failure to signal a turn. He challenged the stop, the extension of the stop to conduct field sobriety tests… Read more
County of Calumet v. Lisa L. Dolajeck, 2014AP2100, District 2, 1/21/15 (one-judge opinion; ineligible for publication); case activity The court of appeals here affirms a decision denying a motion to dismiss OWI charges and a motion to suppress evidence obtained during a traffic stop. It holds that the sheriff in this case had reasonable suspicion… Read more
County of Fond du Lac v. Jeffrey K. Krueger, 2014AP1494, District 2, 12/30/14 (1-judge decision; ineligible for publication); case activity Krueger was stopped by an officer who said Krueger drove his car over the center line. Krueger disputed that and moved to suppress. At the suppression hearing the officer testified and the video from his squad car camera was played… Read more
