State v. Anthony D. Guard, 2012 WI App 8 (recommended for publication); for Guard: Richard L. Zaffiro; case activity Warrantless Entry – Duplex, Common Hallway Guard, a resident of a duplex upper flat, had a reasonable expectation of privacy in a hallway by which his unit was accessed, such that warrantless police entry into that… Read more
C. Warrant unnecessary
County of Calumet v. Daniel A. Ryan, 2011AP490, District 2, 12/14/11 court of appeals decision (1-judge, not for publication); for Ryan: John M. Carroll; case activity Officers, investigating a one-car accident, approached Ryan’s home, knocked on his door and “(a)fter several minutes of ‘back and forth,’ Ryan came out of his residence” (admittedly “voluntarily”). Subsequent… Read more
State v. Damon Keith Sutton, 2012 WI App 7 (recommended for publication); for Sutton: Maayan Silver; case activity Reasonable Suspicion – “Frisk,” of Vehicle Reasonable suspicion supported “protective search” of Sutton’s van following routine traffic stop: While the officer ran a document check, Sutton remained in the van. The officer discerned “distinct rocking motions,” which… Read more
State v. Michael P. Parizanski, 2011AP395, District 2, 11/30/11 court of appeals decision (1-judge, not for publication); for Parizanski: Andrew Mishlove; case activity Seizure of motorist who had parked by the side of a road, leading to an OWI arrest, was supported by community caretaker rationale as informed by State v. Kramer, 2009 WI 14, 315 Wis… Read more
City of Sheboygan v. Benjamin B. Schultz, 2011AP904, District 2, 11/09/11 court of appeals decision (1-judge, not for publication); for Schultz: Casey J. Hoff; case activity Stop of Schultz’s vehicle supported by community caretaker doctrine where, as Schultz drove past officer conducting an otherwise unrelated traffic stop, Schultz’s passenger door opened up and someone inside… Read more
State v. Ricky O. Halverson, 2011AP240-CR, District 2, 9/14/11 court of appeals decision (1-judge, not for publication); for Halverson: Walter R. Andrew; case activity Officer, whose investigation of single-car crash led him to Halverson’s home, wasn’t properly engaged in community caretaker exercise when he took Halverson into custody, supposedly for his own good, ¶¶8-14. Community caretaker test, State… Read more
State v. Deandre A. Buchanan, 2011 WI 49, affirming unpublished CIA decision; for Buchanan: Tyler William Wickman; case activity Frisk – Auto Frisk of Buchanan, following routine traffic stop for speeding, was supported by reasonable belief that he was armed and dangerous. ¶3 We hold that under the totality of the circumstances in this case, the trooper’s… Read more
State v. Matthew P. Rick, 2010AP1521,District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Rick: Jonas B. Bednarek; case activity Warrantless blood draw is permissible under exigent circumstances doctrine, upon lawful arrest for non–jailable, civil violation. State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), followed… Read more
