State v. George R. Ferrell, Appeal No. 2012AP2602, 9/26/13, (1-judge; ineligible for publication); case activity A state trooper does not need evidence such as odors, admissions or containers to have probable cause to arrest for OWI. These facts will do the trick: ¶12 . . . [T]he State Patrol received several reports that Ferrell was… Read more
4. Probable cause to arrest
Winnebago County v. Brady E. Bauman, 2013AP1075, District 2, 9/18/13; court of appeals decision (1-judge; ineligible for publication); case activity After encountering a deputy in a parking lot, Bauman stated he had been drinking, had driven a half-hour before, and had pulled into the parking lot because he felt impaired. The deputy asked, “Are you telling… Read more
Marathon County v. Eric G. Fischer, 2013AP760, District 3, 9/4/13; court of appeals decision (1-judge; ineligible for publication); case activity Police lacked probable cause to arrest Fischer because a “tip” from an ER nurse that Fischer’s BAC was “0.15 percent” did not provide a reliable basis to conclude Fischer was operating while intoxicated. Fischer was… Read more
State v. Scott E. Bartelt, 2013AP110-CR, District 2, 8/14/13; court of appeals decision (1-judge; ineligible for publication); case activity ¶1 …. During his investigation of a bar fight, a village of Butler police officer came to the conclusion that Bartelt should not drive home and offered to give him a ride. Bartelt declined… Read more
Village of Muscoda v. Samuel R. Anderson, 2012AP2216, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity Police had probable cause to administer a PBT where: the officer noticed an odor of intoxicants emanating from Anderson or his vehicle; Anderson had bloodshot eyes and slightly slurred speech and admitted he had… Read more
State v. Alvernest Floyd Kennedy, 2012AP523-CR, District 1, 4/9/13, court of appeals decision (not recommended for publication), petition for review granted 2/19/14, affirmed, 2014 WI 132; case activity Terry stop — reasonableness of length of detention; arrest –probable cause Kennedy was the driver of a car that struck a pedestrian. (¶¶3-5). After about 30 minutes on… Read more
State v. Amanda Kratochwill, 2012AP2076-CR, District 4, 2/14/13; court of appeals decision (1-judge; ineligible for publication); case activity Police had probable cause to arrest Kratochwill for OWI where: Car was stopped for speeding (¶2); Upon approaching the car the officer noted a strong smell of intoxicants and an open beer in the front passenger cup… Read more
State v. Daniel Cervantes, 2011AP1858-CR, District 1, 2/12/13; court of appeals decision (not recommended for publication); case activity The police lacked probable cause to arrest Cervantes when he opened the door of his apartment (¶¶10-16); there were neither exigent circumstances nor community caretaker grounds for the police to enter Cervantes’s apartment following his arrest to do… Read more
