Dane County v. Joshua H. Quisling, 2013AP2743, 10/16/14, District 4, (1-judge decision, ineligible for publication); case activity Applying the “community caretaker” doctrine, the court of appeals held that a police officer was justified in stopping Quisling’s car based upon an informant’s tip that he was suicidal. Evidence obtained after the stop need not be suppressed… Read more
C. Warrant unnecessary
Review of an unpublished court of appeals decision; case activity Issues (composed from the State’s Petition for Review) Did the police have probable cause to arrest Dean Blatterman for operating with a prohibited alcohol concentration, where police were aware Blatterman had three prior OWI convictions, and thus had a .02 PAC threshold? Did the police… Read more
State v. Walter J. Kugler, 2014AP220, District 2, 9/17/14 (one-judge opinion, ineligible for publication); case activity Kugler challenged his first OWI conviction by arguing that the state trooper who stopped him did not have the requisite probable cause and improperly requested, as a community caretaker, that he submit to a PBT (which he refused). The… Read more
State v. Andrew J. Kuster, 2014AP109-CR, District 2, 9/17/14 (one-judge opinion, ineligible for publication); case activity This seemingly run-of-the-mill OWI appeal has an interesting little wrinkle. The police conducted a warrantless blood draw on Kuster before SCOTUS decided Missouri v. McNeely, 569 U.S.__, 133 S.Ct. 1552 (2013), but they didn’t have the blood tested until… Read more
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
City of LaCrosse v. Corina Ducharme, 2014AP374, District 4, 8/7/14 (1-judge; ineligible for publication); case activity The stop of Ducharme’s car was justified under the community caretaker doctrine because the officer had objectively reasonable grounds to be concerned about the safety of the driver, as the car was parked at a boat landing at 2:40 a.m. with… Read more
State v. Jesse N. Schwartz, 2013AP1868-CR, District 2, 7/30/14 (not recommended for publication); case activity The community caretaker exception to the Fourth Amendment’s warrant requirement didn’t justify the search of Schwartz’s home because police did not have a reasonable basis to believe another individual was in the home at the time of the search. Police suspected… Read more
State v. Bobby L. Tate, 2014 WI 89, 7/24/14, affirming an unpublished court of appeals decision; majority opinion by Justice Roggensack; case activity State v. Nicolas Subdiaz-Osorio, 2014 WI 87, 7/24/14, affirming an unpublished per curiam court of appeals decision; lead opinion by Justice Prosser; case activity In two decisions consisting of 8 separate opinions spread out across… Read more
