by admin
on August 29, 2021
State v. John William Lane, 2021AP327, 8/19/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
An officer saw Lane departing a bar around 2:10 in the morning. He followed him in his squad car and eventually pulled him over, and eventually arrested him for OWI. The tailing and the stop were recorded on the squad car’s camera. The circuit court concluded the officer’s observations didn’t create reasonable suspicion for the stop, and the court of appeals now affirms. [continue reading…]
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by admin
on August 29, 2021
Turns out ShotSpotter maybe ain’t all it’s cracked up to be, according to this article. (There’s a case pending in the state supreme court involving an investigatory stop based in part on a ShotSpotter alert; see here.)
On the other hand, those small nifty cameras everywhere—on cell phones, doorbells, on police officers themselves—are putting paid to the notion that police never lie, and at least some of the falsely accused are better off for it. For instances, see here.
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by admin
on August 29, 2021
State v. Caleb James Watson, 2021AP355-CR, District 2, 8/25/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Taking Watson to a local police station to perform field sobriety tests (FSTs) wasn’t unreasonable and thus didn’t violate the Fourth Amendment. [continue reading…]
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by admin
on August 29, 2021
State v. Derek V. Schroth, 2021AP733, District 2, 8/25/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Schroth challenges the probable cause to arrest him for OWI and the finding that he refused a blood draw. There were ample facts for probable cause. (¶¶3-8, 13-15). And though the arresting officer couldn’t recall whether Schroth said “no” or “something else” when asked to submit to a blood draw, the officer did testify that Schroth refused. The circuit court credited the officer’s testimony that he remembered the refusal, and that is sufficient to support its ruling that Schroth refused. (¶¶16-18).
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by admin
on August 28, 2021
State v. Jeremy J. Deen, 2020AP1399, 8/24/21, District 3 (not recommended for publication); case activity (including briefs)
Police received a tip that an IP address associated with Deen’s home had uploaded child pornography. They went to the home and Deen let them in. While inside, officers noted Deen was carrying a knife, so they frisked him, which turned up a cell phone. In response to officers’ questions about child porn, Deen made some equivocal statements about whether there might be any on the phone, and the officers took it. The court of appeals holds that the possibility that Deen would hide or destroy the phone or delete the images it might contain supplied sufficient exigent circumstances that the police could seize it without a warrant. [continue reading…]
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by admin
on August 28, 2021
State v. James A. Carroll, Jr., 2021AP375, 8/26/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Carroll was charged with second-degree sexual assault; he ultimately took a deal and pleaded to fourth-degree. The circuit court required him to register as a sex offender for 15 years after the end of his supervision. The court of appeals rejects Carroll’s claims that his counsel’s deficiencies led to the plea, and that new factors justified modifying his sentence to remove the registration requirement. [continue reading…]
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by admin
on August 14, 2021
State v. Angelina Hansen, 2019AP1105, 7/27/21, District 3 (not recommended for publication); case activity (including briefs)
Hansen’s triplet fourth-graders were in the legal custody of their father; he also had primary physical placement of the children. The family court’s order provided that she was to have “supervised placement only” with certain conditions, for two to four hours per week. One day, Ms. Hansen went to the lunch room of the school the children attended and sat with them while they ate. She said wanted to “hug them and tell them [she] loved them.” The court of appeals now holds that this conduct was an unlawful exercise of “physical placement” over the children, such that Ms. Hansen’s conviction for contempt of the family court order stands. [continue reading…]
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by admin
on August 14, 2021
State v. Jacky Lee, 2020AP1633, 7/27/21, District 1 (one-judge decision; ineligible for publication); case activity (including briefs)
The state arrested Lee for second-offense OWI and PAC violations. The intoximeter breath test he took at the police department was video-recorded. However, due to the state’s delay in charging Lee, he did not request the video until it had already been recorded over, consistent with the department’s practice of keeping such videos for 3-6 months unless there’s been a request to preserve them. [continue reading…]
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