State v. Dimitrius Anagnos, 2011 WI App 118 (recommended for publication); for Anagnos: Barry S. Cohen; case activity; reversed, 2012 WI 64 Traffic Stop – No Turn Signal Failure to use a turn signal where neither traffic nor pedestrians are present doesn’t support a traffic stop: ¶9 Wisconsin Stat. § 346.34(1)(b) states that a driver must use a… Read more
B. Search warrants
State v. Cathy Ann Currie, 2011AP322-CR, District 3, 7/19/11 court of appeals decision (1-judge, not for publication); for Currie: Jon Stanek; case activity ¶7 Lear testified he stopped Currie because he observed “a very large air freshener” hanging from her rearview mirror. The court determined that any object hanging from a rearview mirror would obstruct a driver’s… Read more
certification; for Williams: Jonas B. Bednarek; case activity; review granted, 8/31/11 Search Warrants: Court Commissioner Authority to Issue We certify this appeal to the Wisconsin Supreme Court to decide whether court commissioners have the power to issue search warrants. Although Wis. Stat. § 757.69(1)(b)[1] appears to grant that power to court commissioners, appellant Williams argues that the legislature may not… Read more
State v. Ryan Stefan Roberts, 2010AP2899, District 4, 6/30/11 court of appeals decision (1-judge, not for publication); for Roberts: Bruce J. Rosen, Susan C. Blesener; case activity Request for preliminary breath test supported by probable cause, despite somewhat inconclusive field test results, in view of strong odor of alcohol emitted by Roberts along with his… Read more
State v. Charles L. Wendt, 2010AP2416, District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Wendt: Michael C. Witt; case activity “Momentary incursion” (or, “slight deviation”) into oncoming lane provided probable cause to stop motorist for violation of § 346.05. Having properly stopped Wendt, the officer had reasonable suspicion to administer field… Read more
State v. Brian T. St. Martin, 2011 WI 44, on certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; case activity Consent to Search – Co-Tenant – Georgia v. Randolph Georgia v. Randolph, 547 U.S. 103 (2006) holds that a physically present resident’s objection trumps a co-tenant’s consent to a warrantless search of a residence. However, this rule does… Read more
State v. Andrew R. Reierson, 2010AP596-CR, District 4, 4/28/11 court of appeals decision (1-judge, not for publication); for Reierson: John Smerlinski; case activity The officer’s erroneous reading of Reierson’s license plate, causing the officer to wrongly believe that his registration had expired, nonetheless supported stop of the car under the good-faith rule. ¶11 We conclude… Read more
on petition for review of summary order; for Goss: Daniel J. Chapman; case activity Issue (formulated by On Point: Whether probable cause of intoxication to administer a preliminary breath test under § 343.303 was shown by the smell of alcohol on the driver along with four prior OWI convictions. The catch: with 4 priors, Goss’s legal blood alcohol content limit… Read more
