State v. Ashley Rae Baker, 2022AP1587-CR, District II, 1-judge decision, ineligible for publication; case activity (including briefs) The Fourth Amendment protects against guilt by association by requiring probable cause to arrest or search to be specifically linked to the individual defendant. See State v. Riddle, 192 Wis. 2d 470, 478, 531 N.W.2d 408 (Ct. App. 1995)… Read more
5. High crime areas
State v. Donte Quintell McBride, 2021AP311-CR, 12/20/22, District 1 (not recommended for publication); case activity (including briefs). In a 2-1 decision, Judge Donald (joined by Judge White) holds that officers do not have reasonable suspicion to seize the passenger of an SUV just because he and the driver were sitting in the SUV with the… Read more
Waupaca County v. Hunter Ja Dean Wheelock, 2022AP860, 11/3/2022 (one-judge decision; ineligible for publication); case activity (including briefs) An sheriff’s deputy saw Wheelock and another man sitting in a car parked on the side of a dead-end road in Waupaca County. This particular road was apparently in a “highly problematic” are of that county where… Read more
State v. Keith J. Dresser, 2020AP2017, 7/22/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A sheriff’s deputy saw Dresser apparently unconscious in his vehicle in a Taco Bell parking lot at 5:00 a.m. The deputy pulled behind Dresser’s vehicle, turned on his emergency lights apparently based on departmental “procedures,” and knocked… Read more
State v. James Timothy Genous, 2021WI 50, reversing an unpublished court of appeals opinion, 2019AP435-CR, 6/4/21; case activity (including briefs) An officer saw Genous sit in a parked car, engine running and headlights on, in a residential neighborhood at 3:36 a.m. A woman emerged from a house, entered the car for 10 to 15 seconds… Read more
State v. Shondrell R. Evans, 2020AP286-CR, District 4, 1/28/21 (not recommended for publication); case activity (including briefs) Evans was seized under the Fourth Amendment when two police officers parked their marked squad cars in a way that restricted—though didn’t totally obstruct—his ability to drive away, shined their headlights and spotlights on his car, and exited… Read more
State v. James Timothy Genous, 2019AP435, review of a per curiam court of appeals decision granted 9/16/20; case activity (including briefs) Issue presented: Do the following facts contribute to reasonable suspicion of illegal drug activity: a brief encounter in a car between two or more people, an officer’s belief that one or more of those… Read more
State v. Larry Alexander Norton, 2019AP1796-CR, 4/14/20, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) In which the occupant of a legally parked car becomes the object of police scrutiny, for very little apparent reason, and all is found to be copacetic under the Fourth Amendment. Police responded to a report of… Read more
