court of appeals decision (1-judge, ineligible for publication); case activity State v. Andrew Wheaton, 2012AP173-CR Reasonable Suspicion – OWI Presence of the following factors establish reasonable suspicion to stop Wheaton for impaired driving: ¶23 The State points to the following as factors that produced an objectively reasonable suspicion of impaired driving at the time of the stop: (1) Wheaton… Read more
2. Probable cause
State v. Marilee F. Devries, 2012 WI App 119 (recommended for publication); case activity Devries’ probation agent, after detecting alcohol on her breath during a visit at the probation office, had a law enforcement officer administer a preliminary breath test. One thing led to another and she was convicted of OWI. She challenges the PBT… Read more
State v. Timothy W. Bastian, 2012AP793-CR, District 3, 9/25/12 court of appeals decision (1-judge, ineligible for publication); case activity The court holds, without resolving the issue of whether reasonable suspicion sufficed, that probable cause supported Bastian’s traffic stop for inattentive driving, given “the circuit court’s factual determination that Bastian was ‘looking towards the passenger seat’”: ¶10 Wisconsin Stat. § 346.89… Read more
State v. Portia M. Meyer, 2012AP206-CR, District 4, 9/20/12 court of appeals decision (1-judge, ineligible for publication); case activity Assuming that the police placed Meyer under arrest when handcuffing her and placing her in the back of a squad car following a traffic accident, they had probable cause to do so for failure to yield… Read more
State v. Christopher J. Felton, 2012 WI App 114 (recommended for publication); case activity Search & Seizure – PBT – Probable Cause Notwithstanding that Felton passed field sobriety tests, probable cause existed to administer a preliminary breath test. ¶8 This section does not require that the officer have probable cause to arrest a driver for drunk… Read more
State v. Matthew Owen Hoff, Jr., 2011AP2096-CR, District 3, 6/26/12 court of appeals decision (1-judge, ineligible for publication); case activity ¶19 Here, before arresting Hoff, Gostovich observed him sleeping behind the wheel of a running car that was parked horizontally against the vertical parking stalls. Hoff did not awake to Gostovich’s shouting or knocking. When he finally awoke, he was… Read more
Marquette County v. Carl G. Culver, 2011AP1523, District 4, 6/21/12 court of appeals decision (1-judge, ineligible for publication); case activity The police had probable cause to arrest Culver, the driver in a one-car accident, given the smell of intoxicants on his breath and his “inconsistent answers” to questions about the accident: ¶13 We conclude, under the totality of… Read more
court of appeals decision (1-judge, not for publication); for Anderson: Dennis M. Melowski, Chad A Lanning; case activity Traffic Stop Probable cause found to support stop for unsafe lane deviation, § 346.13(1). ¶12 Here, DeNovi testified that, while traveling in a group of three vehicles, he observed Anderson’s vehicle drift into the outside lane for approximately 100 yards and… Read more
