State v. Paul L. Linde, 2014AP2445-CR, 8/2/16, District 3 (not recommended for publication); case activity (including briefs) A court commissioner issued a warrant to search Linde’s cabin for evidence of drug manufacturing and for drug paraphernalia. It was based in part on a tip by an anonymous informant, a fact that proved decisive in the… Read more
2. Probable cause
State v. Bradley L. Kilgore, 2016 WI App 47; case activity (including briefs) The execution of the search warrant at Kilgore’s home started with a heavily armed officers, including a SWAT team, entering and putting Kilgore down on the floor at gunpoint; but once the home was “cleared” and weapons were secured and the SWAT team… Read more
State v. Richard J. Slayton, 2015AP1255-CR, 2/3/16, District 2 (1-judge opinion; ineligible for publication); case activity, briefs Slayton, who was arrested for OWI, challenged a search warrant authorizing his blood draw. The supporting affidavit stated that an officer had reviewed his driving record and noted previous OWI conviction that were “prior countable offenses” under Ch. 346… Read more
City of Sheboygan v. Nathan J. Becker, 2014AP1991, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity (including briefs) After police stopped Becker because of erratic driving at 11:30 p.m. on July 4 they observed additional evidence of impairment—glassy eyes, slurred speech, odor of alcohol. Becker admitted he’d been drinking and turned in a mixed performance on the FSTs. Under the… Read more
State v. Jeremiah R. Popp & Christopher A. Thomas, 2014 WI App 100; case activity: Popp; Thomas The search warrant for the home shared by Popp and Thomas was invalid because the primary basis for the warrant was derived from observations made by police when they trespassed on the defendants’ property and peered into their windows. After… Read more
State v. Jeanmarie Carini, 2014AP526-CR, District 2, 8/27/14 (1-judge; ineligible for publication); case activity There was reasonable cause to believe Carini was driving while impaired and therefore police properly asked her to submit to a preliminary breath test. ¶9 The indicators of intoxication in Carini’s case were sufficient to establish probable cause to request a PBT. Carini inexplicably… Read more
State v. Derek S. Strasen, 2013AP1523-CR, District 2, 1/22/14; court of appeals decision (1-judge; ineligible for publication); case activity There was no probable cause to administer an initial PBT to Strasen, who was stopped for speeding, even though he emitted a faint smell of intoxicants, had bloodshot and “glossy” eyes, and said he had been… Read more
State v. Raylene A. Brinkmeier, 2013AP15-CR, District 4, 8/1/13; court of appeals decision (1-judge; ineligible for publication); case activity The police had probable cause under § 343.303 to request Brinkmeier to submit to a preliminary breath test (PBT): ¶13 Contrary to Brinkmeier’s argument, the evidence supporting probable cause in this appeal does not differ… Read more
