35. Search & Seizure

City of Delafield v. Shawn M. Office, 2024AP227, 2/26/25 District II (one-judge decision; ineligible for publication); case activity COA affirms Office’s OWI 1st conviction, concluding that his arrest was supported by probable cause because sufficient evidence existed to reasonably believe that Office been driving while under the influence of an intoxicant. At the suppression hearing… Read more

State v. Glen Michael Braun, 2022AP1764, 2/25/25, District III (one-judge decision; ineligible for publication); case activity In a case demonstrating the tough hill that litigants must climb to prove an officer lacks reasonable suspicion, COA affirms an order denying Braun’s suppression motion based on a possible equipment violation. Braun’s vehicle attracted unwanted attention when he… Read more

State v. Emily Anne Ertl, 2023AP234-CR, 2/18/25, District III (one-judge decision; ineligible for publication); case activity Ertl appeals the denial of her motion to suppress on the ground that police impermissibly extended the scope of her initial detention when the officer asked her if she would consent to field sobriety tests. COA affirms, concluding that… Read more

State v. Joseph Paul Morello, 2024AP931-CR, 2/6/25, District IV (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s order denying Joseph Morello’s motion to suppress the fruits of his traffic stop.  Although COA did not address circuit court’s conclusion that police had reasonable suspicion that Morello’s vehicle was connected to reports of gunshots… Read more

State v. Andreas W. Rauch Sharak, 2024AP469-CR, 1/16/25, District 4; case activity (including briefs) Rauch Sharak’s appeal concerns whether Fourth Amendment safeguards are implicated when an electronic service provider (ESP) scans for and reviews digital files in an individual’s account that are flagged as child pornography; and when law enforcement subsequently opens and views any flagged… Read more

State v. Holly J. Grimslid, 2024AP954, 1/16/24, District IV (one-judge decision; ineligible for publication); case activity COA holds that, even if officer’s actions denying the defendant’s request to use the bathroom while he waited to obtain warrant for a blood draw were unreasonable under the Fourth Amendment, suppressing evidence of the blood draw is not… Read more

State v. Christopher A. Gore, 2023AP169-CR, 1/7/25, District III (recommended for publication), case activity The Court of Appeals held, in a decision recommended for publication, that Christopher Gore’s consent to a blood draw was voluntary because he was not misinformed about the consequences of refusing to consent, and the officer’s statement that he would seek… Read more