State v. Kevin J. Burch, 2011AP666-CR, District 4, 7/21/11 court of appeals decision (1-judge, not for publication); for Burch: Christopher W. Dyer; case activity Reasonable suspicion of impaired driving supported the stop: ¶4 The officer was operating a squad car in West Salem late one weekday night when, at 12:44 a.m., the officer observed a truck… Read more
2. Traffic stops
State v. Michael D. Walters, 2010AP3156-CR, District 2, 7/20/11 court of appeals decision (1-judge, not for publication); for Walters: Thomas E. Hayes; case activity Tip provided by citizen informant’s 911 call reporting drug use in car traveling on highway was sufficiently reliable to support stop, given that the informant provided her name, phone number, description of her vehicle, her proximate location… Read more
State v. Cathy Ann Currie, 2011AP322-CR, District 3, 7/19/11 court of appeals decision (1-judge, not for publication); for Currie: Jon Stanek; case activity ¶7 Lear testified he stopped Currie because he observed “a very large air freshener” hanging from her rearview mirror. The court determined that any object hanging from a rearview mirror would obstruct a driver’s… Read more
court of appeals decision (1-judge, not for publication); for Thompson: Gregg H. Novack; case activity Traffic Stop – Ordering Driver Out of Car ¶6 Thompson contends that the circuit court erred in concluding that the officer did not violate Thompson’s Fourth Amendment rights by ordering Thompson to get out of his car following the traffic… Read more
State v. Charles L. Wendt, 2010AP2416, District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Wendt: Michael C. Witt; case activity “Momentary incursion” (or, “slight deviation”) into oncoming lane provided probable cause to stop motorist for violation of § 346.05. Having properly stopped Wendt, the officer had reasonable suspicion to administer field… Read more
State v. Jeffrey D. Walli, 2011 WI App 86 (recommended for publication); for Walli: Chad A. Lanning; case activity Trial court factual findings made from a combination of live testimony and video evidence are reviewed deferentially, under the “clearly erroneous” standard of review; the court rejects de novo review of the video recording. Here, it… Read more
State v. Andrew R. Reierson, 2010AP596-CR, District 4, 4/28/11 court of appeals decision (1-judge, not for publication); for Reierson: John Smerlinski; case activity The officer’s erroneous reading of Reierson’s license plate, causing the officer to wrongly believe that his registration had expired, nonetheless supported stop of the car under the good-faith rule. ¶11 We conclude… Read more
State v. Allen L. Resch, 2010AP2321-CR, District 2, 4/27/11 court of appeals decision (1-judge, not for publication); for Resch: Christopher Lee Wiesmueller, Corinne N. Wiesmueller; case activity Reasonable suspicion supported investigatory stop for possible burglary, where vehicle was parked in private business parking lot at 2:26 a.m., with engine running and lights off. ¶13 Specifically… Read more