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35. Search & Seizure

State v. Warner E. Solomon, 2022AP634-CR, District 2, 5/24/23 (not recommended for publication); case activity (including briefs) The court of appeals rejects Solomon’s argument that the police unlawfully extended a traffic stop to wait for a drug dog to arrive to do a thorough search of his car. After stopping Solomon for speeding and detecting… Read more

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State v. Jonathan M. Mark, 2022AP001739-CR, 5/10/23, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) While at a Kwik Trip investigating an unrelated incident, an officer spotted Mark whom he believed to be the subject of an outstanding warrant. When the officer conducted a Terry stop, Mark resisted and wound up pleading… Read more

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State v. Donte Quintell McBride, 2021AP311-CR, state’s petition to review an unpublished court of appeals decision granted, 4/18/23; affirmed, 2023 WI 68 case activity (including briefs, PFR, and response to PFR) Issues (from the State’s PFR): 1. When reviewing a motion to suppress, what is the proper application of the “clearly erroneous” standard of review? 2… Read more

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State v. Jesse E. Bodie, 2021AP1656-CR, District 4, 4/13/23 (not recommended for publication); case activity (including briefs) A state patrol officer unlawfully frisked Bodie before allowing Bodie to sit in his squad car because, under the circumstances of this case, the officer didn’t have an objectively reasonable basis to suspect Bodie was armed and dangerous… Read more

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State v. Antwan Eugene Gill, 2022AP654-Cr, 4/6/23, (1-judge opinion, ineligible for publication), case activity (including briefs) Gill was convicted for possession of THC and for operating a vehicle with a detectable amount of THC in his blood.  He argued that his trial lawyer was ineffective for failing to move for suppression of the results of… Read more

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State v. Noah D. Hartwig, 2022AP1802, 3/30/23, District 4; (one-judge decision; ineligible for publication) case activity (including briefs) On an early evening in January, an officer noticed an unoccupied car parked in the lot of a public boat launch. She observed a purse in the vehicle and contacted dispatch to see if she could find… Read more

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State v. Jeffrey D. Kosmosky, 2022AP1754-CR, District 2, 3/29/23 (one-judge decision; ineligible for publication); case activity (including briefs) The officer who stopped the car Kosmosky was driving for speeding had reasonable suspicion to extend the stop by having Kosmosky get out of the car and do FSTs. Kosmosky was stopped for driving 43 m.p.h. in… Read more

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State v. Adekola John Adekale, 2022AP1351, 3/9/20223, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Adekale’s vehicle for speeding and having a bad taillight. Adekale parked his car in a parking lot on the south side of a Motel 6. There were six passengers in the car, who “kept… Read more

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