City of West Bend v. Erik J. Wille, 2018AP151, District 2, 8/15/18 (one-judge decision; ineligible for publication); case activity (including briefs) Wille was waylaid by police while he was waiting for his Wendy’s order, leading to his arrest for OWI. The restaurant manager had called police after seeing open beer cans in Wille’s car when he… Read more
2. Traffic stops
The ACLU just released a report called “Fixing Wisconsin Sheriff Policies on Immigration Enforcement.” Among other things, it found that 24 Wisconsin counties have policies that allow or encourage the detention of immigrants for being undocumented or entering the country legally and then overstaying a visa. Without a warrant, this violates the constitution. Another 29… Read more
State v. Misty Dawn Donough, 2017AP2000-CR, 7/10/18, District 1 (1-judge opinion; ineligible for publication), case activity (including briefs) Deputy Moldenhauer saw Donough’s car disabled on an interstate and stopped to help. Moldenhauer repeatedly interacted with Donough, told her to get into the car, put it in neutral, and steer as the car was pushed on… Read more
State v. John Patrick Wright, 2017AP2006-CR, 6/12/18, District 1;(1-judge opinion, ineligible for publication), petition for review granted 10/9/18, reversed 2019 WI 45, ; case activity (including briefs) Police stopped Wright’s car because a headlight was out, but they asked him whether he had a concealed carry permit and weapons in the car. He admitted he had a firearm… Read more
State v. Jasetta Smith, 2017AP1807-CR, 5/23/18, District 2, (1-judge opinion; ineligible for publication); case activity (including briefs) Better go easy on the perfume or cologne. An officer ran the license plates on the car Smith was driving at 1:08 a.m. one night. He saw that the registered owner’s license was suspended, stopped the car, learned… Read more
Fond du Lac County v. Isaac Anthony Dahlke, 2017AP1417, District 2, 5/9/18 (one-judge decision; ineligible for publication); case activity (including briefs) The stop of Dahlke’s car was unlawful because the officer didn’t have an objectively reasonable belief that Dahlke entered a wayside in violation of an ordinance prescribing hours when the wayside is closed. Dahlke was… Read more
State v. Robert L. Bentz, 2017AP1436-CR, 3/21/18, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) The State charged Bentz with OWI 3rd and PAC 3rd. Bentz moved to suppress evidence for lack of reasonable suspicion to detain and lack of probable cause to arrest. The circuit court denied his motion. The appeal… Read more
State v. Angela J. Coker, 2017AP1555, District 2, 2/14/18 (one-judge decision; ineligible for publication); case activity (including briefs) Coker was charged with OWI after police stopped her car because other drivers called police to report an erratic driver. The court of appeals rejects her claim that the information from the callers wasn’t sufficiently reliable because it… Read more
