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D. Search incident to arrest

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

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Probable cause to arrest for OWI found

State v. Michael R. Pace, 2018AP1428, District 2, 1/30/19 (one-judge decision; ineligible for publication); case activity (including briefs) The officer who arrested Pace for OWI had probable cause to do so. Pace complains that the officer stopped him for speeding and a lane deviation, but his actual speed was not established and the deviation was… Read More

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State v. Jordan Bennett Micklevitz, 2018AP637-CR, District 1, 1/23/19 (not recommended for publication); case activity (including briefs) The court of appeals rejects Micklevitz’s challenges to the search of his apartment. Police went to Micklevitz’s apartment on a misdemeanor domestic violence battery “want.” Micklevitz answered the officers’ knock on his door, and police determined he matched… Read More

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Gerald Mitchell v. Wisconsin, USSC No. 18-6210, certiorari granted 1/11/19 Question presented: Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement. Decision below: State v. Mitchell, 2018 WI 84, __ Wis. 2d __, 914 N.W.2d 151. USSC Docket Scotusblog page (including links to briefs… Read More

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State v. Eric R. Burrows, 2018AP770-CR, District 2, 12/26/18 (one-judge decision; ineligible for publication); case activity (including briefs) Burrows sent threatening and harassing letters to E.W., arranged inflammatory and derogatory voicemail messages on her phone, and delivered a baby python to her apartment. He argues the police lacked probable cause to arrest him for stalking… Read More

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Grant County v. Kenneth Jay Raney, Sr., 2018AP700, 12/6/18, District 4, (1-judge opinion, ineligible for publication); case activity  A jury convicted Raney of IWI, 1st offense. On appeal, he represented himself, which caused the court of appeals a lot of frustration. Opinion, ¶2. It rejected most of his arguments as being forfeited, undeveloped, or contradicted by… Read More

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State v. Philip J. Hawley, 2015AP1113, District 4, 11/21/18; case activity (including briefs) Our supreme court has, three times, set out to decide whether the  implied-consent statute supplies “consent” in a Fourth Amendment sense, such that it constitutes an exception to the warrant requirement. Three times, it has failed to reach a binding majority on… Read More

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State v. Michael E. Hale, 2018AP812, 11/8/18, District 1 (one-judge decision; ineligible for publication) case activity (including briefs) Hale appeals the circuit court’s order that he unreasonably refused a chemical test; the only issue on appeal is whether the officer had probable cause. The court finds it unclear whether Hale means probable cause to arrest… Read More

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