State v. Laurence Evan Olson, 2010AP149-CR, District 4, 8/5/10 court of appeals decision (1-judge, not for publication); for Olson: Christopher W. Dyer; BiC; Resp.; Reply ¶11 WISCONSIN STAT. § 347.13(1) provides that “[n]o vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated on a highway during hours of darkness unless… Read more
2. Traffic stops
State v. Eric Michael Webley, No. 2010AP747-CR, District 4, 7/29/10 court of appeals decision (1-judge, not for publication); for Webley: Steven Cohen; BiC; Resp. The police had reasonable suspicion believe Webley was driving with a blood alcohol level exceeding 0.02, and thus to perform field sobriety tests, after an indisputably proper stop for speeding, given… Read more
State v. Kevin A. Rhyne, No. 2009AP163, District 4, 7/29/10 court of appeals decision (1-judge, not for publication); pro se; Resp. Br. ¶7 “An officer may conduct a traffic stop when he or she has probable cause to believe a traffic violation has occurred.” State v. Popke, 2009 WI 37, ¶13, 317 Wis. 2d 118… Read more
State v. Brittany A. Meye, No. 2010AP336-CR, District II, 7/14/10 court of appeals decision (1-judge, not for publication); for Meye: Kevin G. Keane; BiC; Resp.; Reply ¶6 Meye argues that the odor of intoxicants alone is insufficient to raise reasonable suspicion to make an investigatory stop. We agree. We will not cite… Read more
Village of Whitefish Bay v. David W. Czirr, No. 2010AP92, District I, 6/22/10 court of appeals decision (1-judge; not for publication); for Czirr: Rex Anderegg; BiC; Resp.; Reply Driving across median, even for very brief period of time, establishes probable cause to arrest for traffic offense: ¶14 Next, Czirr does not specifically argue that momentarily being… Read more
State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision For Kyles: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: The following factors did not add up to reasonable suspicion supporting the frisk of a passenger during a routine traffic stop (¶17): (1) The officer testified that he “didn’t feel any particular threat before searching” the… Read more
Shawano Co. v. William P. Pari, No. 2009AP2338-FT, District III, 6/15/10 court of appeals decision (1-judge; not for publication); for Pari: John S. Bartholomew; BiC; Resp.; Reply ¶10 We agree that Pari’s minimal deviations within the traffic lane do not alone give rise to reasonable suspicion that he was operating while intoxicated. See id., ¶¶18-21… Read more
court of appeals decision (1-judge; not for publication); for Oetzman: Kirk B. Obear; BiC; Resp.; Reply Traffic Stop – U-Turn ¶8 As such, three rules of the road come into play.Under Wis. Stat. § 346.34(1), no person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway… Read more
