State v. Kent W. Hubbard, 2014AP738-CR, District 2, 8/13/14 (1-judge; ineligible for publication); case activity The totality of the circumstances established probable cause to arrest Hubbard for operating with a detectable level of restricted controlled substance. Further, the warrantless blood draw was justified under the exigent circumstances test articulated in State v. Bohling, 173 Wis. 2d 529… Read more
D. Search incident to arrest
State v. Antonio D. Brown, 2014 WI 69, 7/16/14, affirming a published court of appeals decision; majority opinion by Justice Bradley; case activity Another defense victory! Police stopped Brown’s car due to an alleged violation of §347.13(1), which prohibits the operation of a vehicle at night unless its tail lamps are in “good working order.” In a… Read more
State v. Andre Durand Reggs, 2013AP2367-CR, District 4, 7/3/14 (1-judge; ineligible for publication); case activity Applying State v. Ernst, 2005 WI 107, 283 Wis. 2d 300, 699 N.W.2d 92, the circuit court properly concluded that Reggs failed to make a prima facie showing that he did not knowingly, intelligently, and voluntarily waive the right to… Read more
Riley v. California, USSC No. 13-132 (together with United States v. Wurie, USSC No. 13-212), 2014 WL 2864483 (June 25, 2014), reversing People v. Riley, No. D059840 (Cal. App. 4th Dist. 2013) (unpublished) (and affirming United States v. Wurie, 728 F.3d 1 (1st Cir. 2013)); Scotusblog case page (which includes links to briefs and commentary) and symposium page (additional opinion commentary) In a… Read more
State v. Dale F. Wendt, 2014AP174, District 2, 6/18/14 (1-judge; ineligible for publication); case activity The information known to the deputy at the time he requested Wendt to take a blood test provided probable cause to believe Wendt had driven his vehicle while intoxicated earlier that evening, despite the deputy’s lack of information as to whether Wendt drank during… Read more
Krysta Sutterfield v. City of Milwaukee, No. 12-2272 (7th Cir. May 9, 2014) Nine hours after obtaining a § 51.15 emergency detention order, Milwaukee police officers forcibly entered Sutterfield’s home without a warrant, opened a locked container, and seized the handgun and concealed carry licenses that were in the container. Sutterfield filed a civil rights suit against them… Read more
New Berlin v. John Francis Downey, 2013AP 2352-FT, District 2, 5/14/14 (1-judge; ineligible for publication); case activity An on-duty police officer had authority to stop Downey outside his jurisdiction because he was acting in response to an “emergency situation,” § 175.40(6)(a), and because he was in fresh pursuit of a law violator, § 175.40(2). A West… Read more
Village of Grafton v. Carl J. Schlegel, 2013AP2521, District 2, 5/7/14 (1-judge; ineligible for publication); case activity Police had probable cause to ask Schlegel to submit to a preliminary breath test under § 343.303 even though he wasn’t asked to perform field sobriety tests first, and the result of the PBT, along with the rest of… Read more
