State v. Rafael Labedzki, 2010AP2501-CR, District 2, 4/6/11 court of appeals decision (1-judge, not for publication); for Labedzki: Walter Arthur, Piel, Jr.; case activity Reasonable suspicion for sobriety testing upheld, where officer had basis for concluding Labedzki was driving while intoxicated after an unchallenged stop for speeding. In brief: “Given that the trooper observed an alcoholic smell… Read more
2. Traffic stops
State v. Matthew M. Gilbert, 2010AP2672-CR, District 2, 4/6/11 court of appeals decision (1-judge, not for publication); for Gilbert: Christopher Lee Wiesmueller; case activity Given trial court findings of fact, the officer reasonably believed that Gilbert’s registration plate lamp and brake lamps were inoperable, and thus had reasonable suspicion to make the stop. Inability to testify… Read more
County of Sheboygan v. Jeffrey L. Bubolz, 2010AP2997, District 2, 4/6/11 court of appeals decision (1-judge, not for publication); for Bubolz: Casey J. Hoff; case activity Ignoring a warning sign that a road is closed except to local traffic creates reasonable suspicion for a traffic stop, even though the sign was an “unofficial” one put… Read more
City of West Allis v. Susan Schneidler, 2010AP2531, District 1, 4/5/11 court of appeals decision (1-judge, not for publication); for Schneidler: Thomas C. Simon; case activity Tip from an identified citizen informant – that she had seen Schneidler drinking alcohol before driving off – supported stop of Schneidler’s car, without requiring independent corroboration. ¶18 In short… Read more
State v. Timothy M. Pence, 2010AP1944-CR , District 4, 3/24/11 court of appeals decision (1-judge, not for publication); for Pence: Jessica Jean Giesen, Charles W. Giesen; case activity Stop of Pence’s vehicle upheld, even if Pence was violating no specific traffic law, on reasonable suspicion he was driving while intoxicated: ¶11 The totality of the… Read more
County of Sheboygan v. John A. Taylor, 2010AP2819, District 2, 3/23/11 court of appeals decision (1-judge, not for publication); for Taylor: Kirk B. Obear, Casey J. Hoff; case activity Weaving within lane supported reasonable suspicion for OWI stop, State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634 (“repeated weaving by a… Read more
Village of Hortonville v. George A. Buchman, 2010AP2836, District 3, 3/22/11 court of appeals decision (1-judge, not for publication); for Buchman: Walter Arthur Piel, Jr.; case activity Observation of Buchman’s vehicle “operating left of center (line)” established probable cause of a violation of § 346.05 (“shall drive on the right side of the roadway”). This… Read more
Kenosha County v. Jodi A. Braune, 2010AP834, District 2, 3/9/11 court of appeals decision (1-judge, not for publication); for Braune: Theodore B. Kmiec, III; case activity ¶7 We hold that under the plain language of Wis. Stat. § 346.13(3), Braune’s deviation over the fog line was sufficient to establish probable cause that Braune committed a traffic… Read more
