State v. Jacqueline M. Datka, 2017AP1886, 4/18/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Datka challenges the officer’s decision to ask for a preliminary breath test after she was stopped on suspicion of OWI. She argues that various factors militated against the conclusion that she was drunk, including that she exhibited… Read more
2. Probable cause
State v. Ryan L. Schultz, 2017AP603-CR, 12/20/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs). Schultz was convicted of operating a motor vehicle with a prohibited alcohol content 2nd offense. He sought suppression of his blood test results on the grounds that the warrant-issuing judge lacked probable cause, or alternatively, that Officer… Read more
State v. Bradley E. Ammann, 2017AP866-CR, 12/7/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) A state trooper stopped Ammann for speeding as he and his wife were driving home from a wedding reception. The trooper asked Amman to exit the car and then smelled intoxicants on him. This led to field sobriety tests… Read more
State v. Willie Brownlee, Jr., 2015AP2319-CR, 11/21/17, District 1, (not recommended for publication); case activity (including briefs) Two officers stopped Brownlee after he drove his rental car through a red light. One officer approached the driver’s side, the other approached the passenger side occupied by Brownlee’s friend. Both smelled the distinct odor of burnt marijuana… Read more
State v. Guy S. Hillary, 2017 WI App 67; case activity (including briefs) In this case, a deputy applied for a warrant, saying he had received anonymous information on June 13, 2014 that a subject went to Guy S Hillary’s residence to fix a vehicle and Hillary proceeded to show the complainant a very large… Read more
Tumblr qualifies as an “identified citizen informant,” and sec. 939.617(2) is not void for vagueness
State v. Samuel Silverstein, 2017 WI App 64; case activity (including briefs) Pursuant to a warrant, police searched Silverstein’s computer for child porn. The “informer” was Tumblr, which is required by federal law to report suspected child pornography to the National Center for Missing and Exploited Children. Silverstein challenged the warrant as well as the mandatory… Read more
State v. Marcus L. Pantoja, 2016AP1289, 7/05/17, District 1 (not recommended for publication); case activity (including briefs) Police raided the apartment where Pantoja was living with his girlfriend; he claims on appeal that there was neither probable cause for the warrant nor reasonable suspicion of danger justifying its no-knock authorization, which turned up drugs and… Read more
State v. Angelo M. Reynolds, 2016AP420-CR, District 4, 6/22/17 (one-judge decision; ineligible for publication); case activity (including briefs) Police had sufficient probable cause to request that Reynolds provide a preliminary breath test under § 343.303. ¶14 Deputy Schiro knew that there had been an accident, that Reynolds smelled like alcohol, that he had… Read more
