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4. Probable cause to arrest

State v. Michael R. McGinnis, 2018AP1388-CR, District 3, 10/8/19 (not recommended for publication); case activity (including briefs) An officer investigating a hit-and-run at the Happy Hollow Tavern unlawfully pushed his way into McGinnis’s home and then arrested him. The state concedes the officer’s entry was unlawful, so the evidence and statements police obtained while in… Read More

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State v. Scott J. Faruzzi, 2019AP167-CR, 9/25/19, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) Don’t pinch yourself! You’re not dreaming.  An officer stopped Faruzzi’s truck for a “welfare check” due to some “possible family troubles.” But then he performed a series of FST’s and asked Faruzzi to submit to a preliminary… Read More

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City of West Allis v. James M. Gregg, 2018AP1326, District 1, 5/14/19 (one-judge decision; ineligible for publication); case activity (including briefs) Sure, the car wasn’t running by the time the officer pulled up behind it with his squad lights flashing. But that doesn’t mean the officer lacked probable cause to believe the guy behind the… Read More

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State v. Timothy Edward Curtis, 2018AP920-CR, 4/2/19, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs) The State charged Curtis with a 2nd offense OWI. He moved to suppress evidence obtained after his arrest on the grounds that the officer didn’t have probable cause for the arrest in the first place. He lost… Read More

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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. 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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