State v. Eric K. Fredlund, 2012AP742-CR, District 2, 8/22/12 court of appeals decision (1-judge, ineligible for publication); case activity An officer’s observation that a vehicle’s headlights “just appear[ed],” such that the officer couldn’t tell if the vehicle had been traveling down the roadway without lights, supported a traffic stop. ¶6 From the deputy’s observation of Fredlund’s vehicle… Read more
2. Traffic stops
Village of Jackson v. John W. Hespe, 2012AP680-FT, District 2, 8/15/12 court of appeals decision (1-judge, ineligible for publication); case activity “Unsafe,” but not necessarily “illegal” rate of speed supported traffic stop, State v. Anagnos, 2012 WI 64, 341 Wis. 2d 576, 815 N.W.2d 675, followed: ¶6 Here, Hespe contends that while the court found that… Read more
State v. Michael P. Green, 2011AP2137-CR, District 2, 8/8/12 court of appeals decision (1-judge, not for publication); case activity Traffic stop, based on report by gas station attendant of suspected drunk driver, was sufficiently reliable to support investigatory stop. ¶10 This court has previously held that a tip shows sufficient indicia of reliability to justify an… Read more
State v. Paul H. Olson, 2011AP1728-CR, District 4, 7/26/12 court of appeals decision (1-judge, ineligible for publication); case activity ¶11 Although Officer Welker did not observe Olson commit any traffic violations, the other facts known to Officer Welker at the time he initiated questioning demonstrate that he had reasonable suspicion to justify the investigatory stop. The incident… Read more
State v. Dimitrius Anagnos, 2012 WI 64, reversing 2011 WI App 118; case activity OWI – Refusal Hearing – Authority to Litigate Constitutionality of Traffic Stop Constitutionality of the traffic stop may be raised as a defense at a refusal hearing, § 343.305(9)(a)5.a. ¶29 In this case, the relevant portion of the statute is found in sub. (9)(a)5.a. That subsection… Read more
court of appeals decision (1-judge, not for publication); for Anderson: Dennis M. Melowski, Chad A Lanning; case activity Traffic Stop Probable cause found to support stop for unsafe lane deviation, § 346.13(1). ¶12 Here, DeNovi testified that, while traveling in a group of three vehicles, he observed Anderson’s vehicle drift into the outside lane for approximately 100 yards and… Read more
court of appeals decision (1-judge, not for publication); for Thomas: John M. Carroll; case activity Traffic Stop – Duration ¶8 Thomas argues Schellinger lacked reasonable suspicion to extend the traffic stop because the only fact supporting Schellinger’s belief that Thomas was operating while intoxicated was the odor of intoxicants. Thomas asserts the odor of intoxicants does not… Read more
State v. Jason T. Moynihan, 2011AP2858-CR, District 2, 5/30/12 court of appeals decision (1-judge, not for publication); for Moynihan: Lora B. Cerone, SPD, Madison Appellate; case activity ¶8 In this case, the deputy pulled over the vehicle driven by Moynihan because he believed it was being driven by Saeger and believed that Saeger’s driver’s license was revoked. The question… Read more
