State v. Damon Keith Sutton, 2012 WI App 7 (recommended for publication); for Sutton: Maayan Silver; case activity Reasonable Suspicion – “Frisk,” of Vehicle Reasonable suspicion supported “protective search” of Sutton’s van following routine traffic stop: While the officer ran a document check, Sutton remained in the van. The officer discerned “distinct rocking motions,” which… Read more
B. Search warrants
State v. Gustavo E. Lopez, 2011AP1037-CR, District 2, 11/23/11 court of appeals decision (1-judge, not for publication); for Lopez: Walter Arthur Piel, Jr.; case activity ¶8 While the record reveals that Lopez is correct in stating that the court took video evidence from the roadside stop into consideration when making the finding of probable cause, we… Read more
State v. Herbert L. Hamilton, 2011AP1325-CR, District 4, 11/23/11 court of appeals decision (1-judge, not for publication); for Hamilton: Dixie Lippit; case activity Although driver in single-car accident didn’t exhibit signs commonly associated with intoxication, the smell of alcohol on his breath coupled with his loss of control of the car provided probable cause to administer a preliminary… Read more
State v. Gary F. Wieczorek, 2011AP1184-CR, District 3, 11/8/11 court of appeals decision (1-judge, not for publication); for Wieczorek: James R. Koby; case activity Warrantless arrest of Wieczorek on his front porch for OWI, after he answered the officer’s knock was constitutional. The record doesn’t show that Wieczorek had a reasonable expectation of privacy in the porch. ¶¶10-11… Read more
State v. Tammi Zellmer, 2010AP1986, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Zellmer: John D. Hyland; case activity Probable cause to believe Zellmer was operating under the influence supported her arrest: she was speeding; the time, 2:50 a.m., was close to “bar time”; her eyes were glassy and bloodshot; she admitted to… Read more
State v. Steven C. Cushman, 2011AP957, District 4, 10/20/11 court of appeals decision (1-judge, not for publication); for Cushman: John Smerlinksi; case activity Probable cause to believe Cushman wasn’t wearing seat belt supported stop of his vehicle. ¶8 Wisconsin Stat. § 347.48 (2m)(gm) mandates seat belt use when operating a motor vehicle equipped with seat belts.[3] In 2009, this… Read more
State v. Omark D. Ward, 2011 WI App 151 (recommended for publication); for Ward: Mary Scholle, SPD, Milwaukee Appellate; case activity Ineffective Assistance of Counsel – DNA Search Warrant Court commissioner’s order that Ward provide DNA sample violated “oath or affirmation” requirement for warrants: ¶10 Unless a person consents to giving a sample of his or her… Read more
State v. Wilson J. Behling, 2011AP483-CR, District 3, 10/18/11 court of appeals decision (1-judge, not for publication); for Behling: John M. Carroll; case activity Probable cause that Behling’s backpack contained contraband supported its seizure so that a warrant could be obtained and the item searched: ¶28 We conclude Hoffman had probable cause to believe Behling’s backpack contained… Read more
