2. Probable cause

State v. Joshua L. McDonald, 2010AP1045-CR, District 4, 11/18/10 court of appeals decision (1-judge, not for publication); for McDonald: Tracey A. Wood; McDonald BiC; State Resp.; Reply Traffic Stop – Duration ¶13      We conclude that the time it took for the deputy to ask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State v. Michael A. Barahona, 2010AP1324, District 4, 10/21/10 court of appeals decision (1-judge, not for publication); for Barahona: Walter A. Piel, Jr.; BiC; Resp.; Reply ¶14      The undisputed facts as disclosed from the record reveal the following:  (1) Marks observed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State v. Joseph F. Brown, 2010AP832-CR, District 4, 10/14/10 court of appeals decision (1-judge, not for publication); for Brown: Adam Walsh; BiC; Resp.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State v. Jerome Hoehne, 2009AP2561-CR, District 4, 9/15/10 court of appeals decision (1-judge, not for publication); for Hoehen: Bill Ginsberg; BiC; Resp.; Reply Probable Cause – Traffic Violation: Driving in Center Lane Driving in the center lane of a 3-lane highway did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court of appeals decision (3-judge, not recommended for publication); for Lang: Mary D. Scholle, SPD, Milwaukee Appellate; BiC; Resp.; Reply Search Warrant – Probable Cause Affidavit by a detective, containing statements made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State v. Laurence Evan Olson, 2010AP149-CR, District 4, 8/5/10 court of appeals decision (1-judge, not for publication); for Olson: Christopher W. Dyer; BiC; Resp.; Reply ¶11      WISCONSIN STAT.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

State v. Terion Lamar Robinson, 2010 WI 80, affirming 2009 WI App 97; for Robinson: Melinda A. Swartz, SPD, Milwaukee Appellate; BiC; Resp.; Reply ¶2   The dispositive issue in this case is whether the police officers’ warrantless entry into Robinson’s apartment and subsequent search was supported by probable cause and justified by exigent circumstances when the… Read more