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2. Traffic stops

State v. Jeffrey I. Quitko, 2019AP200-CR, District 3, 5/12/20 (not recommended for publication); case activity (including briefs) Quitko’s motion to suppress evidence obtained following his traffic stop for speeding violation should have been granted because law enforcement lacked probable cause to request that he submit to a preliminary breath test (PBT). ¶2     …… Read More

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State v. David William Krumm, 2019AP243-CR, District 3, 5/5/20 (one-judge decision; ineligible for publication); case activity (including briefs) Under § 343.303 and County of Jefferson v. Renz, 231 Wis. 2d 293, 603 N.W.2d 541 (1999), there was probable cause to believe Krumm was operating while intoxicated, so police could request he submit to a preliminary breath… Read More

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Kansas v. Glover, USSC No. 18-556, 2020 WL 1668283, 4/6/20, reversing State v. Glover, 422 P.3d 64 (Kan. 2018); Scotusblog page (including links to briefs and commentary) In a self-described “narrow” decision, the Supreme Court holds that, in the absence of information negating the inference that the owner was driving, a police officer had reasonable… Read More

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State v. Bartosz Mika, 2019AP1488, District 2, 2/19/20 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court appropriately exercised its discretion in continuing Mika’s refusal hearing so the state could call another witness, and the testimony of the additional witness established police had reasonable suspicion to stop Mika. After Mika was arrested… Read More

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State v. Jacqueline A. Ziriax Anderson, 2018AP2410-CR, District 3, 2/11/20 (one-judge decision; ineligible for publication); case activity (including briefs) The state offered Anderson a deal: plead to OWI 2nd and it would recommend the minimum mandatory penalties. The state made that offer because the arresting officer had resigned from the department due to some “mental… Read More

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State v. Tunis Jay LeFever, 2019AP702-CR, District 2, 10/30/19, (1-judge opinion, ineligible for publication); case activity (including briefs) An officer stopped LeFever for speeding, noticed that he had bloodshot eyes, and detected a faint odor of alcohol but wasn’t sure of the source. He asked LeFever to complete field sobriety tests. The officer noted indicators… 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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Man bites dog!

State v. Robert L. Kavalauskas, 2019AP610-CR, District 2, 8/21/19 (one-judge decision; ineligible for publication); case activity (including briefs) And court finds reasonable suspicion to stop and detain driver to investigate OWI! ¶6      In this case, Kavalauskas’ deviations from his lane of traffic—where he “was driving in both lanes and sometimes in the middle… Read More

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