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5. High crime areas

State v. Brady R. Adams, 2018AP174-CR, 1/15/19, District 3 (1-judge, ineligible for publication); case activity (including briefs) Noting that no Wisconsin precedent addresses the issue in this case, the court of appeals follows United States v. Bohman, 683 F.3d 861 (7th Cir. 2012) and holds that the suspicion of illegal activity in a place is not… Read More

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State v. Marquis Lakeith Pendelton, 2017AP2081-CR, 6/19/18, District 1, (1-judge opinion; ineligible for publication); case activity (including briefs) A caller reported to police that 2 suspicious males had been looking into cars parked in a church lot at 1:30 a.m, at 68th and Silver Spring in Milwaukee and had just run away. An officer thought… Read More

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Fond du Lac County v. Isaac Anthony Dahlke, 2017AP1417, District 2, 5/9/18 (one-judge decision; ineligible for publication); case activity (including briefs) The stop of Dahlke’s car was unlawful because the officer didn’t have an objectively reasonable belief that Dahlke entered a wayside in violation of an ordinance prescribing hours when the wayside is closed. Dahlke was… Read More

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State v. Marque D. Cummings, 2017AP1587-CR, District 1, 4/3/18 (1-judge opinion, ineligible for publication); case activity (including briefs) This is another one of those cases where the police seized and searched a person for being normal in a high crime area. “But OMG he was wearing a backpack–it might have contained drugs or burglary tools!!!”… Read More

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State v. Travail L. Lewis, 2017AP234-CR, 7/25/17 (1-judge opinion, ineligible for publication); case activity (including briefs) After shots were fired in a high crime area of Milwaukee, police dispatched Officer Robert Crawley (no relation to the 7th Earl of Grantham) to investigate. He and his partner saw Lewis (African American) walking down an alley holding… Read More

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Mike Tobin guest posts on State v. Lewis O. Floyd, Jr., 2017 WI 78, 7/7/17, affirming a published court of appeals opinion, 371 Wis. 2d 404; case activity (including briefs) The majority opinion affirms the rulings of the lower courts that the defendant voluntarily consented to a frisk of his person following a traffic stop. The… Read More

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State v. Sara Ann Ponfil, 2016AP2059-CR, 5/31/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) A police officer discovered cocaine after he detained Ponfil, who, as the officer approached, got out of one of two vehicles parked next to each other outside a bar. The court of appeals concludes that, considered together, the bar’s status as… Read More

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Review of a published court of appeals decision, 2016 WI App 64; case activity (including briefs) Issues (from petition for review): Whether an officer’s justification to search is objectively reasonable where the suspect is not observed doing or saying anything suspicious, but cooperating in circumstances that the officer believes are suspicious? Whether counsel provided ineffective assistance… Read More

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