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2. Traffic stops

Kansas v. Glover, USSC No. 18-556, certiorari granted 4/1/19 Question presented: Whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary. USSC docket; SCOTUSblog page (including links… Read More

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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

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State v. Kevin Ian End, 2018AP1437, 3/6/19, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) An anonymous caller told police about a vehicle swerving in her lane and having difficulty with speed control. She provided no license late number. An officer proceeded to the area and saw a vehicle make an assortment… Read More

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Marquette County v. Christopher Patrick Bray, 2018AP665, 2/28/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs). Bray was convicted of OWI. He argued that the circuit court should have suppressed statements he made to a sergeant during a traffic stop because he wasn’t Mirandized. The court of appeals held that Bray wasn’t… 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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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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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. Emily J. Mays, 2018AP571-CR, District 2, 11/7/2018 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court found the stop of Mays’s car was unlawful because the officer’s testimony and the squad car video showed that, during the time the officer was following Mays, her driving didn’t provide sufficient reasonable suspicion to… Read More

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