Village of DeForest v. Lynn J. Braun, 2011AP2116, District 4, 3/15/12 court of appeals decision (1-judge, not for publication); for Braun: Robert Nagel; case activity Stop for driving under the influence unsupported by reasonable suspicion: ¶11 I likewise conclude that there were insufficient facts before Officer Schaefer which could lead him to reasonably suspect that Braun was driving… Read more
2. Traffic stops
State v. Elizabeth C. Emmenegger, 2011AP1214-CR, District 4, 3/1/12 court of appeals decision (1-judge, not for publication); for Emmenegger: Lora B. Cerone, SPD, Madison Appellate; case activity Sufficient cause for traffic stop upheld, citing State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634. ¶17 While any one of these facts, standing alone, might be… Read more
County of Sheboygan v. Kenneth E. Mauser, 2011AP2153, District 2, 2/29/12 court of appeals decision (1-judge, not for publication); for Mauser: Chad A. Lanning; case activity Failure to dim high-beam headlights, along with weaving within and outside the traffic lane, provided grounds for a traffic stop. ¶10 The circuit court properly looked to the totality of… Read more
State v. Jordan T. Griffith, 2011AP2226-CR, District 2, 2/15/12 court of appeals decision (1-judge, not for publication); for Griffith: Walter Arthur Piel, Jr.; case activity ¶5 In order for an investigatory stop to be justified by reasonable suspicion, the officer must have a “‘particularized and objective basis’ for suspecting the person stopped of criminal activity.” State v… Read more
State v. Terrence T. Boyd, 2012 WI App 39 (recommended for publication); for Boyd: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Because Boyd’s car was registered in a state (Illinois) that issues two plates, car could be stopped for failing to display a plate on the front, in violation of § 341.15(1) (“[w]henever 2 registration… Read more
on review of published opinion; for Anagnos: Barry S. Cohen; case activity; prior post Traffic Stop – Reasonable Suspicion – OWI Refusal Hearing Challenge to Arrest Issues (composed by On Point): 1. Whether the officer could lawfully stop Anagnos’ vehicle for failing to use a turn signal where neither traffic nor pedestrians were present, § 346.34(1)(b). 2. Whether the officer… Read more
State v. Gary A. Senger, 2011AP1950-CR, District 2, 1/18/12 court of appeals decision (1-judge, not for publication); for Senger: Robert C. Raymond; case activity Applying the test described in State v. Betow, 226 Wis. 2d 90, 94-95, 593 N.W.2d 499 (Ct. App. 1999) for extending a traffic stop, the court concludes that the officer had… Read more
State v. Antonio D. Brown, 2013 WI App 17, petition for review granted 10/15/13; case activity Police lacked probable cause to stop Brown for a defective tail lamp, § 347.13, based on one unlit bulb (out of four) in the tail lamp assembly: ¶19 The parties agree with the circuit court’s finding that the police… Read more
