Question presented: Does the Fourth Amendment require an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate dangerous driving before stopping the vehicle? Lower court opinion: People v. Lorenzo Prado Navarette, et al., No. A132353, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished) Docket Scotusblog page This is a very… Read more
2. Traffic stops
Manitowoc County v. Ryan A. Spatchek, 2013AP986, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity An anonymous call to police dispatch said Spatchek was operating while intoxicated and that the caller was concerned for his safety and provided verifiable information as to Spatchek’s location that was later confirmed by a deputy… Read more
City of Stevens Point v. Katrina L. Shurpit, Appeal No. 2013AP538, 9/26/13; (1-judge; ineligible for publication); case activity Shurpit challenged the investigative stop that led to her convictions for operating a vehicle with a prohibited alcohol content and while under the influence of an intoxicant. A hit-and-run had a occurred in the vicinity a few minutes… Read more
State v. Kenneth B. Burmeister, 2013AP1016-CR, District 3, 9/17/13; court of appeals decision (1-judge; ineligible for publication); case activity Police lawfully extended a traffic stop to conduct field sobriety tests because the odor of alcohol, the driver’s initial “deflective answer” to the question of whether he had been drinking, and his subsequent admission to drinking… Read more
State v. Tony L. Wyatt, 2013AP728-CR, District 2, 8/28/13; court of appeals decision (1-judge; ineligible for publication); case activity A sheriff’s deputy stopped the car Wyatt was driving after checking the license plate of a car driving in front of the deputy and determining the car’s owner—a female—didn’t have a valid driver’s license. If the… Read more
State v. Kenneth C. House, 2013 WI App 111; case activity House was stopped for operating with a suspended registration. After running House’s license and learning he was on probation for a drug offense, the officer returned House’s license and issued him a warning for the suspended registration. The officer then retrieved his police dog… Read more
Town of Freedom v. Matthew W. Fellinger, 2013AP614, District 3, 8/6/13; court of appeals decision (1-judge; ineligible for publication); case activity Fellinger argues that field sobriety tests are searches under the Fourth Amendment because “[a]n inherent right as a human being is to control and coordinate the actions of [his or her] own body[,]” and… Read more
State v. Michael E. Mauermann, 2012AP2568-CR, District 4, 7/25/13; court of appeals decision (1-judge; ineligible for publication); case activity Iowa County Ordinance § 600.08 provides that “[n]o person shall operate a motor vehicle so as to make any loud, disturbing or unnecessary noise in or about any public street, alley, park or private residence which may… Read more
