Town of Mukwonago v. John J. Uttke, 2011AP2021, District 2, 1/18/12 court of appeals decision (1-judge, not for publication); for Uttke: Michael C. Witt; case activity Uttke’s driver’s license was revoked for refusal to submit to a blood test upon OWI arrest, and he requested a “refusal hearing,” unsuccessfully challenging the existence of probable cause… Read more
2. Probable cause
State v. Antonio D. Brown, 2013 WI App 17, petition for review granted 10/15/13; case activity Police lacked probable cause to stop Brown for a defective tail lamp, § 347.13, based on one unlit bulb (out of four) in the tail lamp assembly: ¶19 The parties agree with the circuit court’s finding that the police… Read more
State v. Jason E. Goss, 2011 WI 104, affirming court of appeals summary order; for Goss: Daniel J. Chapman; case activity ¶2 We are asked to determine whether the officer’s request for the PBT breath sample was made in violation of Wis. Stat. § 343.303, which states that an officer “may request” a PBT breath sample “[i]f a law… Read more
State v. Damon Keith Sutton, 2012 WI App 7 (recommended for publication); for Sutton: Maayan Silver; case activity Reasonable Suspicion – “Frisk,” of Vehicle Reasonable suspicion supported “protective search” of Sutton’s van following routine traffic stop: While the officer ran a document check, Sutton remained in the van. The officer discerned “distinct rocking motions,” which… Read more
State v. Gustavo E. Lopez, 2011AP1037-CR, District 2, 11/23/11 court of appeals decision (1-judge, not for publication); for Lopez: Walter Arthur Piel, Jr.; case activity ¶8 While the record reveals that Lopez is correct in stating that the court took video evidence from the roadside stop into consideration when making the finding of probable cause, we… Read more
State v. Herbert L. Hamilton, 2011AP1325-CR, District 4, 11/23/11 court of appeals decision (1-judge, not for publication); for Hamilton: Dixie Lippit; case activity Although driver in single-car accident didn’t exhibit signs commonly associated with intoxication, the smell of alcohol on his breath coupled with his loss of control of the car provided probable cause to administer a preliminary… Read more
State v. Gary F. Wieczorek, 2011AP1184-CR, District 3, 11/8/11 court of appeals decision (1-judge, not for publication); for Wieczorek: James R. Koby; case activity Warrantless arrest of Wieczorek on his front porch for OWI, after he answered the officer’s knock was constitutional. The record doesn’t show that Wieczorek had a reasonable expectation of privacy in the porch. ¶¶10-11… Read more
State v. Tammi Zellmer, 2010AP1986, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Zellmer: John D. Hyland; case activity Probable cause to believe Zellmer was operating under the influence supported her arrest: she was speeding; the time, 2:50 a.m., was close to “bar time”; her eyes were glassy and bloodshot; she admitted to… Read more
