State v. Mary J. Kamuchey, 2013 AP1684-CR, District 4, 12/19/13 (1-judge opinion; ineligible for publication); case activity Issue: Whether an anonymous “citizen informant’s” call from a McDonald’s drive-through at 2:00 a.m., describing an argumentative driver who smelled of alcohol and was believed to be drunk, provided reasonable suspicion for OWI stop even though the officer… Read more
a. Informant
State v. Sandra Biancardi, 2013AP1351, District 2, 10/30/13 (1-judge, ineligible for publication); case activity Biancardi was convicted of OWI. On appeal she argued that police unlawfully stopped her based on an uncorroborated, anonymous tip contrary to Illinois v. Gates, 462 U.S. 213 (1983). The court of appeals, citing State v. Post, 2007 WI 60, ¶24, 301 Wis. 2d 1, 733… Read more
Question presented: Does the Fourth Amendment require an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate dangerous driving before stopping the vehicle? Lower court opinion: People v. Lorenzo Prado Navarette, et al., No. A132353, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished) Docket Scotusblog page This is a very… Read more
State v. Bryant A. Preinfalk, 2012AP2060-CR, District 4, 3/14/13; court of appeals decision (1-judge, ineligible for publication); case activity The stop of Preinfalk’s car was lawful because in light of observations made by the officer, the anonymous tip provided reasonable suspicion to conclude the car was occupied by persons who had been involved in a fight… Read more
State v. Glenn L. Earhart, 2010AP348-CR, District 3, 8/10/10 court of appeals decision (1-judge, not for publication); for Earhart: Patrick J. Stangl; BiC; Resp.; Reply Reasonable Suspicion – Informant Reliability Authorities were under no obligation to check into a citizen-informant’s criminal record before acting on the information she related. ¶9 Earhart argues Kistner unreasonably relied… Read more
State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08 For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student Issue/Holding1: ¶17 The investigative stop stemmed from an anonymous citizen’s tip of drug use and loitering on the porch of the residence. … Where an anonymous tipster is involved, police are required… Read more
State v. Calvin R. Kolk, 2006 WI App 261 For Kolk: Michael Zell Issue/Holding: ¶12 … Though there is some confusion in the case law, we believe that the distinction is that a confidential informant is a person, often with a criminal past him- or herself, who assists the police in identifying and catching criminals… Read more
State v. Calvin R. Kolk, 2006 WI App 261 For Kolk: Michael Zell Issue/Holding: Information provided by a named, citizen informant (that Kolk had picked up drugs in Milwaukee and would be driving to Madison) was insufficiently reliable to support reasonable suspicion of criminal activity: ¶17 To recapitulate, the police were able to corroborate: (1) Kolk’s… Read more
