State v. Matthew Owen Hoff, Jr., 2011AP2096-CR, District 3, 6/26/12 court of appeals decision (1-judge, ineligible for publication); case activity ¶19 Here, before arresting Hoff, Gostovich observed him sleeping behind the wheel of a running car that was parked horizontally against the vertical parking stalls. Hoff did not awake to Gostovich’s shouting or knocking. When he finally awoke, he was… Read more
B. Search warrants
Marquette County v. Carl G. Culver, 2011AP1523, District 4, 6/21/12 court of appeals decision (1-judge, ineligible for publication); case activity The police had probable cause to arrest Culver, the driver in a one-car accident, given the smell of intoxicants on his breath and his “inconsistent answers” to questions about the accident: ¶13 We conclude, under the totality of… Read more
Question Presented (from cert petition): Whether, pursuant to Michigan v. Summers, 452 U.S. 692 (1981), police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed. Docket Lower court decision (652 F.3d 197 2nd Cir 2011)… Read more
court of appeals decision (1-judge, not for publication); for Anderson: Dennis M. Melowski, Chad A Lanning; case activity Traffic Stop Probable cause found to support stop for unsafe lane deviation, § 346.13(1). ¶12 Here, DeNovi testified that, while traveling in a group of three vehicles, he observed Anderson’s vehicle drift into the outside lane for approximately 100 yards and… Read more
State v. Douglas Meier Williams, 2012 WI 59, on review of court of appeals certification request; for Williams: Stephen P. Hurley, Dean A. Strang, Marcus J. Berghahn, Jonas B. Bednarek; case activity Wis. Stat. § 757.69(1)(b), giving circuit court commissioners authority to issue search warrants, is constitutional. ¶3 Throughout Wisconsin’s history, including before the ratification of the Wisconsin Constitution, non-judges have been… Read more
court of appeals decision; for Brereton: Matthew S. Pinix; case activity; prior post Search & Seizure – GPS Device – Warrant Issues (Composed by On Point): Whether the police illegally seized Brereton’s car, so as to taint a subsequently issued warrant for installation of a GPS tracking device on it; or, whether tracking was unreasonable under U.S. v. Jones, __ U.S… Read more
Town of Mukwonago v. John J. Uttke, 2011AP2021, District 2, 1/18/12 court of appeals decision (1-judge, not for publication); for Uttke: Michael C. Witt; case activity Uttke’s driver’s license was revoked for refusal to submit to a blood test upon OWI arrest, and he requested a “refusal hearing,” unsuccessfully challenging the existence of probable cause… Read more
State v. Antonio D. Brown, 2013 WI App 17, petition for review granted 10/15/13; case activity Police lacked probable cause to stop Brown for a defective tail lamp, § 347.13, based on one unlit bulb (out of four) in the tail lamp assembly: ¶19 The parties agree with the circuit court’s finding that the police… Read more
