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35. Search & Seizure

Traffic stop was extended lawfully

State v. Brynton C. Foston, 2022AP387, 9/14/22, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) An officer saw Foston driving without headlights between 2:00 and 3:00 a.m. and activated his emergency lights. Foston didn’t stop. He accelerated, pulled into his driveway, and stumbled as he tried to reach his back door. The… Read more

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City of West Bend v. Peter F. Parsons, 2022AP98, 8/17/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) This is an appeal of convictions for violating local ordinances in conformity with the state laws outlawing OWI. The court of appeals affirms. An officer stopped Parsons’s vehicle after midnight during a snowstorm, thinking… Read more

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State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs) Police arrested Gajewski in the curtilage of her home without a warrant and exigent circumstances. While this makes the arrest unlawful, the evidence obtained from the arrest is not subject to suppression because police had probable cause to… Read more

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State v. Quaheem O. Moore, 2021AP938-CR, District 4, 7/28/22 (not recommended for publication); case activity (including briefs) Police searched Moore for speeding and after detecting the odor of what the officer believed to be marijuana searched Moore. (¶¶2-9). Distinguishing State v. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387 (1999), the court of appeals affirms the… Read more

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State v. Donald A. Whitaker, 2022AP204-CR, District 2, 7/27/22 (one-judge decision; ineligible for publication); case activity (including briefs) A telephonic warrant may be valid even if the court did not arrange for an electronic or written recording of the officer’s telephone call to be made. The procedures for obtaining a telephonic search warrant are set… Read more

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State v. Michael Justin Schwersinske, Jr., 2022AP162-CR, District 2, 8/10/22 (one-judge decision; ineligible for publication); case activity (including briefs) Schwersinske concedes the lawfulness of the initial stop of the car he was driving for crossing the centerline of Highway 151. But he argues, unsuccessfully, that the officer didn’t have reasonable suspicion to extend the stop… Read more

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Police had probable cause to arrest for OWI

State v. Andrew Austin Keenan-Becht, 2022AP73-CR, District 2, 8/3/22 (one-judge decision; ineligible for publication); case activity (including briefs) Under the long-standing test for probable cause, Keenan-Becht’s arrest was lawful. ¶12     Probable cause existed under the totality of the circumstances here based on Keenan-Becht’s admission to drinking, the odor of alcohol emanating from his body… Read more

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State v. Gerald P. Mitchell, 2022 WI App 31; case activity (including briefs) Mitchell v. Wisconsin, 139 S.Ct. 2525 (2019), held that when police have probable cause to believe a driver has committed a drunk driving offense and the driver is unconscious or stupefied to a point that requires hospitalization and precludes a breath test… Read more

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