State v. Gary F. Wieczorek, 2011AP1184-CR, District 3, 11/8/11 court of appeals decision (1-judge, not for publication); for Wieczorek: James R. Koby; case activity Warrantless arrest of Wieczorek on his front porch for OWI, after he answered the officer’s knock was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
2. Probable cause
State v. Tammi Zellmer, 2010AP1986, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Zellmer: John D. Hyland; case activity Probable cause to believe Zellmer was operating under the influence supported her arrest: she was speeding; the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
State v. Steven C. Cushman, 2011AP957, District 4, 10/20/11 court of appeals decision (1-judge, not for publication); for Cushman: John Smerlinksi; case activity Probable cause to believe Cushman wasn’t wearing seat belt supported stop of his vehicle.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
State v. Wilson J. Behling, 2011AP483-CR, District 3, 10/18/11 court of appeals decision (1-judge, not for publication); for Behling: John M. Carroll; case activity Probable cause that Behling’s backpack contained contraband supported its seizure so that a warrant could be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
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
State v. Cindy R. Billips, 2009AP2493-CR, District 2, 10/5/11 court of appeals decision (1-judge, not for publication); for Billips: Timothy R. Muth, Amy Lynn MacArdy; case activity Following OWI arrest supported by probable cause, the officer was authorized to search the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
State v. Anastasia A. Lusty, 2010AP2827-CR, District 2, 9/21/11 court of appeals decision (not recommended for publication); for Lusty: Chandra N. Harvey, SPD, Madison Appellate; case activity Independent police investigation sufficiently corroborated enough details of tips from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
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
