Kenosha County v. Jodi A. Braune, 2010AP834, District 2, 3/9/11 court of appeals decision (1-judge, not for publication); for Braune: Theodore B. Kmiec, III; case activity ¶7 We hold that under the plain language of Wis. Stat. § 346.13(3), Braune’s deviation over the fog line was sufficient to establish probable cause that Braune committed a traffic… Read more
2. Probable cause
County of Sheboygan v. William M. Lane, 2010AP1756, District 2, 2/2/11 court of appeals decision (1-judge, not for publication); for Lane: George Limbeck; case activity; State BiC; Lane Resp. ¶6 As a threshold matter, the County addresses the proper test for assessing the validity of the traffic stop. The County contends that the appropriate standard is… Read more
State v. Joshua L. McDonald, 2010AP1045-CR, District 4, 11/18/10 court of appeals decision (1-judge, not for publication); for McDonald: Tracey A. Wood; McDonald BiC; State Resp.; Reply Traffic Stop – Duration ¶13 We conclude that the time it took for the deputy to ask McDonald whether he had been drinking that night and for McDonald to… Read more
State v. Michael A. Barahona, 2010AP1324, District 4, 10/21/10 court of appeals decision (1-judge, not for publication); for Barahona: Walter A. Piel, Jr.; BiC; Resp.; Reply ¶14 The undisputed facts as disclosed from the record reveal the following: (1) Marks observed Barahona’s vehicle driving in the wrong direction in the eastbound lane of Campus Drive… Read more
State v. Joseph F. Brown, 2010AP832-CR, District 4, 10/14/10 court of appeals decision (1-judge, not for publication); for Brown: Adam Walsh; BiC; Resp. It violates § 347.12(1)(a) to flash high-beam headlights within 500 feet of an oncoming vehicle if the latter’s high-beams are not themselves lit. Because Brown flashed his high-beams within 500 feet of… Read more
State v. Jerome Hoehne, 2009AP2561-CR, District 4, 9/15/10 court of appeals decision (1-judge, not for publication); for Hoehen: Bill Ginsberg; BiC; Resp.; Reply Probable Cause – Traffic Violation: Driving in Center Lane Driving in the center lane of a 3-lane highway did not support probable cause to arrest for a traffic violation: ¶8 On appeal, the… Read more
court of appeals decision (3-judge, not recommended for publication); for Lang: Mary D. Scholle, SPD, Milwaukee Appellate; BiC; Resp.; Reply Search Warrant – Probable Cause Affidavit by a detective, containing statements made by a recently arrested “informant” who said that “Troy” at the target residence had traded him cocaine for stolen property, supplied probable cause… Read more
State v. Laurence Evan Olson, 2010AP149-CR, District 4, 8/5/10 court of appeals decision (1-judge, not for publication); for Olson: Christopher W. Dyer; BiC; Resp.; Reply ¶11 WISCONSIN STAT. § 347.13(1) provides that “[n]o vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated on a highway during hours of darkness unless… Read more
