2. Traffic stops

State v. William J. Merry, 2010AP1618-CR, District 2, 11/17/10 court of appeals decision (1-judge, not for publication); pro se; State Resp. ¶8        Here, Nye testified that when he observed Merry’s vehicle, he could see “that the stoplight for the intersection for westbound traffic was red.” While Merry is correct that Nye did not (and could not)… Read more

State v. John J. Neff, 2010AP1092-CR, District 2, 11/10/10 court of appeals decision (1-judge, not for publication); for Neff: Dennis P. Coffey; BiC; Resp.; Reply Report that intoxicated individual had urinated in public and was driving away held  sufficiently reliable to support stop: ¶12      We now turn to the anonymous tip in this case.  The… Read more

Outagamie County v. Daniel C. Torreano, 2010AP978, District 3, 11/2/10  court of appeals decision (1-judge, not for publication); for Torreano: Chad A. Lanning; BiC; Resp.; Reply ¶8        While this case also presents a relatively close call, we agree with the circuit court that the stop was supported by reasonable suspicion.  That Torreano was observed driving… Read more

State v. Joseph F. Brown, 2010AP832-CR, District 4, 10/14/10 court of appeals decision (1-judge, not for publication); for Brown: Adam Walsh; BiC; Resp. It violates § 347.12(1)(a) to flash high-beam headlights within 500 feet of an oncoming vehicle if the latter’s high-beams are not themselves lit. Because Brown flashed his high-beams within 500 feet of… Read more

court of appeals decision (recommended for publication); for Batt: Chad A. Lanning; BiC; Resp.; Reply OWI – Implied Consent Law – § 343.305(5)(a) Testing Construing State v. Stary, 187 Wis. 2d 266, 522 N.W.2d 32 (Ct. App. 1994), the court concludes that the Implied Consent law affords the driver the right to choose testing administered by… Read more

court of appeals decision (1-judge, not for publication); for Cortes: Timmothy J. Lennon; BiC; Resp.; Reply State v. Rolando S. Cortes, 2010AP621-CR, Distric 3, 10/5/10 The officer had reasonable suspicion to perform a traffic stop: ¶7        Conley’s inference that Cortes was trying to elude or evade police was reasonable given the totality of the circumstances. … Read more

court of appeals decision (1-judge, not for publication); for Grenie: John C. Orth; Steven J. House; BiC; Resp.; Reply Traffic Stop – Blue Lights Traffic stop for having blue lights lit on front of vehicle, upheld. (§ 347.07(2)(a) bars display of “(a)ny color of light other than white or amber visible from directly in front.”) ¶6        Grenie… Read more