State v. Megan A. Padley, 2014 WI App 65; case activity The implied consent statute that allows an officer to ask for a driver for a blood sample when the officer lacks probable cause to arrest for OWI but has “reason to believe” the driver committed a traffic violation, § 343.305(3)(ar)2., is not facially unconstitutional. In addition, Padley’s consent to the blood… Read more
35. Search & Seizure
Krysta Sutterfield v. City of Milwaukee, No. 12-2272 (7th Cir. May 9, 2014) Nine hours after obtaining a § 51.15 emergency detention order, Milwaukee police officers forcibly entered Sutterfield’s home without a warrant, opened a locked container, and seized the handgun and concealed carry licenses that were in the container. Sutterfield filed a civil rights suit against them… Read more
New Berlin v. John Francis Downey, 2013AP 2352-FT, District 2, 5/14/14 (1-judge; ineligible for publication); case activity An on-duty police officer had authority to stop Downey outside his jurisdiction because he was acting in response to an “emergency situation,” § 175.40(6)(a), and because he was in fresh pursuit of a law violator, § 175.40(2). A West… Read more
Waukesha County v. Dushyant N. Patel, 2013AP2292, District 2, 5/14/14 (1-judge; ineligible for publication); case activity The result of a blood draw done in violation of Missouri v. McNeely, 133 S. Ct. 1552 (2013), are admissible under the good-faith exception to the exclusionary rule because police acted in conformity with clear, well-settled Wisconsin law that permitted the blood draw at… Read more
State v. Andrew K. Wenz, 2013AP2576-CR, District 1, 5/13/14 (1-judge; ineligible for publication); case activity Police had reasonable suspicion to stop his car because the content of a tip from a known, reliable informant allowed police to ascertain whether they were stopping the correct vehicle. A convenience store clerk called police she became suspicious of a “yellow”… Read more
State v. Gumersinda M. Gonzalez, 2013AP2585-CR, District 4, 5/8/14 (1-judge; ineligible for publication); case activity The officer lacked reasonable suspicion to extend the duration of a traffic stop by asking a driver to perform field sobriety tests, so evidence of THC possession obtained during the stop must be suppressed. A police officer stopped Gonzalez’s car for a… Read more
Village of Grafton v. Carl J. Schlegel, 2013AP2521, District 2, 5/7/14 (1-judge; ineligible for publication); case activity Police had probable cause to ask Schlegel to submit to a preliminary breath test under § 343.303 even though he wasn’t asked to perform field sobriety tests first, and the result of the PBT, along with the rest of… Read more
State v. Dean M. Blatterman, 2013AP2107-CR, District 4, 4/24/14 (one-judge; ineligible for publication), petition for review granted 9/24/14, reversed, 2015 WI 46; case activity You don’t see this very often. The court of appeals just reversed a circuit court decision denying a motion to suppress evidence of intoxication. The police performed field sobriety and blood tests… Read more
