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2. Probable cause

Probable Cause to Arrest, OWI

State v. Tammi Zellmer, 2010AP1986, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Zellmer: John D. Hyland; case activity Probable cause to believe Zellmer was operating under the influence supported her arrest: she was speeding; the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

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Probable Cause – Seat Belt Violation

State v. Steven C. Cushman, 2011AP957, District 4, 10/20/11 court of appeals decision (1-judge, not for publication); for Cushman: John Smerlinksi; case activity Probable cause to believe Cushman wasn’t wearing seat belt supported stop of his vehicle. ¶8        Wisconsin Stat. § 347.48 (2m)(gm) mandates seat belt use when operating a motor vehicle equipped with seat belts.[3]  In 2009, this… Read more

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State v. Wilson J. Behling, 2011AP483-CR, District 3, 10/18/11 court of appeals decision (1-judge, not for publication); for Behling: John M. Carroll; case activity Probable cause that Behling’s backpack contained contraband supported its seizure so that a warrant could be obtained and the item searched: ¶28      We conclude Hoffman had probable cause to believe Behling’s backpack contained… Read more

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State v. Little A. Stewart, 2011 WI App 152

court of appeals decision (recommended for publication); for Little: Jeffrey W. Jensen; case activity Probable Cause to Arrest  ¶14      In Stewart’s case, the pertinent facts are: •           On March 10, 2009, a reliable confidential informant told Agent Gray that one of the people who had been arrested with Alderman McGee was going to be bringing cocaine to Milwaukee.  After… Read more

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State v. Cindy R. Billips, 2009AP2493-CR, District 2, 10/5/11 court of appeals decision (1-judge, not for publication); for Billips: Timothy R. Muth, Amy Lynn MacArdy; case activity Following OWI arrest supported by probable cause, the officer was authorized to search the vehicle for evidence relevant to the OWI arrest: ¶9        Here, it was reasonable for Kinservik… Read more

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State v. Anastasia A. Lusty, 2010AP2827-CR, District 2, 9/21/11 court of appeals decision (not recommended for publication); for Lusty: Chandra N. Harvey, SPD, Madison Appellate; case activity Independent police investigation sufficiently corroborated enough details of tips from anonymous informants to support probable cause for a search warrant. ¶9        We reject Lusty’s argument.  Based on our reading of the record… Read more

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Traffic Stop – Probable Cause – 911 Call

City of Sheboygan Falls v. John D. Prinsen, 2011AP700, District 2, 9/14/11 court of appeals decision (1-judge, not for publication); for Prinsen: Kirk B. Obear, Casey J. Hoff; case activity Probable cause supported stop for driving wrong way on highway, based on information provided ion a 911 call; State v. Rutzinski, 2001 WI 22, 241 Wis… Read more

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State v. Bridgette M. Glaze, 2010AP3128-CR, District 2, 8/24/11 court of appeals decision (1-judge, not for publication); for Glaze: John C. Orth; case activity Although Glaze’s stop by one officer investigating possible domestic violence was likely unsupported (¶9), the stop was adequately supported by an alternative basis: observations of a second, off-duty officer which, under… Read more

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