City of Oshkosh v. Jonathan D. Berger, 2013AP2804, District 2, 4/23/14 (one-judge, ineligible for publication); case activity Applying the settled test for deciding whether the police had probable cause to arrest for OWI, the court of appeals examined the facts and circumstances of this case and found probable cause. The facts were that Berger had been… Read more
35. Search & Seizure
Question presented: Whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop. Lower court opinion: State v. Heien, 737 S.E.2d 351 (N.C. 2012) Docket Scotusblog page Heien was stopped because one of the two brake lights didn’t illuminate when his car slowed down. But… Read more
Navarette v. California, USSC No. 12-9490, 4/22/14, affirming People v. Navarette, No. A132343, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished); Scotusblog page (includes links to the briefs and commentary) Validating the rationale employed by the Wisconsin Supreme Court in State v. Rutzinski, 2001 WI 22, 241 Wis. 2d 729, 623 N.W.2d 516, the… Read more
State v. Scott E. Oberst, 2014 WI App 58; case activity The good faith exception to the exclusionary rule applies to evidence obtained during a period when binding Wisconsin appellate precedent permitted the warrantless installation of a global positioning system (GPS) device. Thus, even though the installation of the GPS device on the defendant’s vehicle was unconstitutional under United… Read more
State v. Neil A. Morton, 2013AP2366-CR, District 4, 4/17/14 (1-judge; ineligible for publication); case activity This is another OWI case holding that a warrantless blood draw that would now be unlawful under Missouri v. McNeely is admissible under the good-faith exception to the exclusionary rule. Déjà vu. Morton appealed an OWI conviction arguing that the circuit court… Read more
State v. Marcus Norfleet, 2013AP2294-CR, District 2, 4/9/14; court of appeals decision (1-judge; ineligible for publication); case activity Police had probable cause to arrest Norfleet for both eluding and operating while intoxicated under the totality of the facts and circumstances available to the officer at the time of arrest. After an officer tried to stop a… Read more
State v. Matthew M. Moskopf, 2013AP771-CR, District 2, 4/2/14; court of appeals decision (one judge; ineligible for publication); case activity The police had collective knowledge of specific, articulable facts supporting a reasonable suspicion to stop Moskopf’s vehicle where two 911 calls to the police department dispatcher–one from a bartender, another from an off-duty cop–reported that a man had been trying to get… Read more
State v. Jesse A. Van Camp, 2013AP2059-CR, District 3, 3/25/14; court of appeals decision (1-judge; ineligible for publication); case activity Although an “[a]dmittedly … close case” (¶15), police had reasonable suspicion to stop Van Camp under all the circumstances, including his “somewhat evasive” driving behavior, even though they observed no specific criminal activity, applying State v… Read more
