State v. Bridgette M. Glaze, 2010AP3128-CR, District 2, 8/24/11 court of appeals decision (1-judge, not for publication); for Glaze: John C. Orth; case activity Although Glaze’s stop by one officer investigating possible domestic violence was likely unsupported (¶9), the stop was adequately supported by an alternative basis: observations of a second, off-duty officer which, under… Read more
B. Search warrants
State v. James G. Brereton, 2011 WI App 127 (recommended for publication); for Brereton: Matthew S. Pinix; case activity After lawfully stopping Brereton, the police removed him from his car, towed it to a lot and then, after obtaining a warrant, attached a GPS tracking device. Ensuing monitoring led to information connecting Brereton to a… Read more
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
State v. Cathy Ann Currie, 2011AP322-CR, District 3, 7/19/11 court of appeals decision (1-judge, not for publication); for Currie: Jon Stanek; case activity ¶7 Lear testified he stopped Currie because he observed “a very large air freshener” hanging from her rearview mirror.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State v. Ryan Stefan Roberts, 2010AP2899, District 4, 6/30/11 court of appeals decision (1-judge, not for publication); for Roberts: Bruce J. Rosen, Susan C. Blesener; case activity Request for preliminary breath test supported by probable cause, despite somewhat inconclusive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State v. Charles L. Wendt, 2010AP2416, District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Wendt: Michael C. Witt; case activity “Momentary incursion” (or, “slight deviation”) into oncoming lane provided probable cause to stop motorist for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
