City of Monona v. Erick J. Erickson, 2024AP312, District IV, 5/30/25 (one-judge decision; ineligible for publication); case activity The COA affirmed Erick J. Erickson’s conviction following a bench trial for operating with a prohibited alcohol concentration and revocation of his operating privileges because he unreasonably refused to submit to a preliminary breath test (PBT). COA… Read more
35. Search & Seizure
William T. Case v. Montana, USSC No. 24-624, certiorari granted 6/2/25 SCOTUS added to its docket when it accepted an increasingly rare grant from state criminal proceedings in this Fourth Amendment case: Question presented: Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is… Read more
State v. Peter J. Long, 2024AP1249-CR, 5/28/25, District II (not recommended for publication); case activity While Long’s appeal presents some superficially interesting legal issues, ultimately COA’s dereference to the circuit court’s underlying factual findings govern the outcome here. “Alice,” called police to report that her mother was being physically attacked by the defendant, Long. (¶2)… Read more
State v. Jonah Michael Hoffman, 2024AP1221-CR, 4/24/25, District IV (1-judge decision, ineligible for publication); case activity The sole issue on appeal is whether the deputy who arrested Hoffman had probable cause to search his truck for evidence of an open container. COA concludes that probable cause was lacking, and accordingly reverses and remands with directions… Read more
State v. Natalie S. Lozano, 2024AP1540-CR & 2024AP1541-CR, 4/9/25, District II (1-judge decision, ineligible for publication); case activity In yet another appeal hinging on the requirement that a license plate be “legible,” COA affirms based on its deference to the circuit court’s factual findings. Lozano appeals an order denying her motion to suppress and renews… Read more
State v. Danny Thomas McClain, Jr., 2024AP8, 4/8/25 District I (one-judge decision; ineligible for publication); case activity (including briefs) COA affirms the circuit court’s order denying suppression of the evidence (field sobriety tests and preliminary breathalyzer tests), finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for additional criminal… Read more
Isaiah Taylor v. Justin Schwarzhuber, No. 23-3151, 3/17/25 In a rare win, Taylor will have another chance to prove that MPD officers violated his rights when they seized him while he was out delivering a Christmas turkey to a friend. This case stems from a disputed police interaction in 2015, when Tayl0r–then 16–“ran through his… Read more
State v. Justin Dennis Krizan, 2022AP1341-CR, 3/4/25, District III (1-judge decision, ineligible for publication), case activity Applying its recent holding in State v. Gore, 2025 WI App 11, ___ Wis. 2d ___, ___ N.W.3d ___ (see our post on Gore here), the COA concludes that Krizan’s consent to a blood draw was voluntary because he… Read more
