State v. Steven C. Cushman, 2011AP957, District 4, 10/20/11 court of appeals decision (1-judge, not for publication); for Cushman: John Smerlinksi; case activity Probable cause to believe Cushman wasn’t wearing seat belt supported stop of his vehicle. ¶8 Wisconsin Stat. § 347.48 (2m)(gm) mandates seat belt use when operating a motor vehicle equipped with seat belts.[3] In 2009, this… Read more
2. Traffic stops
State v. Jon Paul A. Fernandez, 2010AP1394-CR, District 2, 10/12/11 court of appeals decision (1-judge, not for publication); for Fernandez: Jefren E. Olsen, SPD, Madison Appellate; case activity Concededly lawful traffic stop (operating without headlights) wasn’t unreasonably prolonged by warrant checks, arrest of passenger on warrant for unpaid forfeiture, and then search of car incident to that… Read more
State v. Daniel R. Doyle, 2010AP2466-CR, District 4, 9/22/11 court of appeals decision (1-judge, not for publication); for Doyle: John C. Orth; case activity Transport of drunk driving suspect 3-4 miles to local police station for purpose of administering field sobriety tests didn’t covert Terry stop into arrest, given that extreme, adverse weather conditions rendered… Read more
City of Sheboygan Falls v. John D. Prinsen, 2011AP700, District 2, 9/14/11 court of appeals decision (1-judge, not for publication); for Prinsen: Kirk B. Obear, Casey J. Hoff; case activity Probable cause supported stop for driving wrong way on highway, based on information provided ion a 911 call; State v. Rutzinski, 2001 WI 22, 241 Wis… Read more
State v. William M. Hughes, 2011AP647-CR, District 4, 8/25/11 court of appeals decision (1-judge, not for publication); for Hughes: Michael C. Witt; case activity Traffic stop supported by reasonable suspicion to believe Hughes was operating while intoxicated: The stop occurred at night, after a football game, when there is an increased frequency of drunk driving… Read more
State v. Bridgette M. Glaze, 2010AP3128-CR, District 2, 8/24/11 court of appeals decision (1-judge, not for publication); for Glaze: John C. Orth; case activity Although Glaze’s stop by one officer investigating possible domestic violence was likely unsupported (¶9), the stop was adequately supported by an alternative basis: observations of a second, off-duty officer which, under… Read more
State v. Kim R. Kallenberg, 2011AP276, District 2, 8/17/11 court of appeals decision (1-judge, not for publication); for Miller: Kirk B. Obear, Casey J. Hoff; case activity Lane deviation unaccompanied by signal provided adequate basis for stop. ¶8 We hold that there was probable cause that Kallenberg violated Wis. Stat. §§ 346.13(1) and 346.34(1)(b). A driver preceding another has… Read more
State v. Dimitrius Anagnos, 2011 WI App 118 (recommended for publication); for Anagnos: Barry S. Cohen; case activity; reversed, 2012 WI 64 Traffic Stop – No Turn Signal Failure to use a turn signal where neither traffic nor pedestrians are present doesn’t support a traffic stop: ¶9 Wisconsin Stat. § 346.34(1)(b) states that a driver must use a… Read more
