Follow Us

Facebooktwitterrss
≡ Menu

FSTs

Traffic stop, field sobriety tests lawful

State v. Faith A. Parafiniuk, 2018AP1956, District 2, 3/27/19 (one-judge decision; ineligible for publication); case activity (including briefs) The stop of Parafiniuk’s car was supported by reasonable suspicion and the officer had sufficient reason to extend the stop to administer field sobriety tests. A police officer testified he was completing a turn onto a road… Read More

{ 0 comments }

State v. James R. Mueller, 2018AP44-CR, 2/12/19, District 3 (1-judge opinion, eligible for publication); case activity (including briefs). Mueller conceded that an officer had reasonable suspicion to stop him. He argued that the officer extended the stop based on a “hunch” and that his FSTs results did not provide probable cause for arrest or sufficient… Read More

{ 0 comments }

State v. Brandon Arthur Millard, 2016AP1474-CR, 4/20/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) ¶10     This court has previously rejected arguments that Daubert applies to a law enforcement officer’s testimony regarding HGN. See State v. VanMeter, No. 2014AP1852, unpublished slip op. (WI App Nov. 24, 2015), and State v… Read More

{ 0 comments }

State v. Alejandro Herrera Ayala, 2015AP865-CR, District 3, 7/26/16 (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals affirms the circuit court’s findings that the manner in which standardized field sobriety tests were administered to Herrera Ayala was “fatally flawed” because of “significant communication issues” between the officer and Herrera Ayala… Read More

{ 0 comments }

State v. Robert A. Schoengarth, 2015AP1834-CR, 2/11/16, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court erroneously exercised its discretion when it ordered that police could not testify about Schoengarth’s performance on field sobriety tests. The judge apparently accepted Schoengarth’s argument that exclusion was appropriate because he had agreed to do… Read More

{ 0 comments }

State v. Tommy K. Miller, 2015AP1211-CR, District 4, 12/23/15 (one-judge decision; ineligible for publication); case activity (including briefs) The seizure of Miller’s car was justified under the community caretaker doctrine because the officer’s observations led him to believe Miller’s passenger was in distress. Having lawfully seized the car, the officer’s subsequent discoveries gave him reason… Read More

{ 0 comments }

State v. Joseph J. VanMeter, 2014AP1852-CR, 11/24/15, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) Following the footsteps of State v. Warren, No. 2012AP1727-CR, unpublished slip op. (WI App Jan. 16, 2013), the court of appeals holds that an officer’s testimony about how a defendant performed on an HGN test is not subject… Read More

{ 0 comments }

OWI – probable cause to administer PBT

Dane County v. Steven D. Koehn, 2012AP1718, District 4, 1/10/13 Court of appeals decision (1 judge; ineligible for publication); case activity Motion to suppress evidence of intoxication properly denied because arresting officer had probable cause to administer a preliminary breath test. The court of appeals rejects Koehn’s claims that the officer’s failure to testify about… Read More

{ 0 comments }