County v. Buffalo v. Kevin J. Rich, 2020AP1526, 6/7/22, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) The court of appeals rejected all three of Rich’s challenges to his OWI 1st conviction. It held that the deputy did have reasonable suspicion to stop Rich’s jeep and to expand the stop to require… Read more
a. Field Sobriety Testing
State v. Nicholas Reed Adell, 2021 WI App 72; case activity (including briefs) Reversing a circuit court order suppressing evidence, the court of appeals holds the totality of the circumstances gave rise to a reasonable suspicion that Adell was driving with a prohibited alcohol concentration (PAC) and that police could extend the traffic stop to… Read more
State v. Caleb James Watson, 2021AP355-CR, District 2, 8/25/21 (one-judge decision; ineligible for publication); case activity (including briefs) Taking Watson to a local police station to perform field sobriety tests (FSTs) wasn’t unreasonable and thus didn’t violate the Fourth Amendment. Having come to suspect Watson of OWI, an officer asked Watson to do FSTs. Watson… Read more
Portage County v. Sean Michael Dugan, 2021AP454 & 2021AP455, District 4, 8/5/21 (one-judge decision; ineligible for publication); case activity (including briefs) Dugan was stopped in a snowstorm. The officer had him do field sobriety tests at the scene of the stop, in a rut in the snow crated by the squad’s tires. (¶¶3-4). Having Dugan… Read more
Village of Grafton v. Elizabeth A. Wesela, 2020AP1416, District 2, 4/7/21 (one-judge decision; ineligible for publication); case activity (including briefs) Wesela concedes police had reaonsable suspicion to make the initial stop of the car she was driving, but complains, fruitlessly, that the officer didn’t have reasonable suspicion to extend the stop to conduct field sobriety… Read more
State v. Michael Anthony Dotson, 2019AP1082-CR, District 3, 11/24/20 (one-judge decision; ineligible for publication); case activity (including briefs) Though this is a “close case” (¶28), the objectively reasonable inferences from the totality of the facts and circumstances known to the officer who stopped Dotson’s car did not provide reasonable suspicion to believe that Dotson’s blood… Read more
State v. Tunis Jay LeFever, 2019AP702-CR, District 2, 10/30/19, (1-judge opinion, ineligible for publication); case activity (including briefs) An officer stopped LeFever for speeding, noticed that he had bloodshot eyes, and detected a faint odor of alcohol but wasn’t sure of the source. He asked LeFever to complete field sobriety tests. The officer noted indicators… Read more
State v. Scott J. Faruzzi, 2019AP167-CR, 9/25/19, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) Don’t pinch yourself! You’re not dreaming. An officer stopped Faruzzi’s truck for a “welfare check” due to some “possible family troubles.” But then he performed a series of FST’s and asked Faruzzi to submit to a preliminary… Read more