On Point blog, page 2 of 2
COA upholds traffic stop based on broken taillight
State v. Kevin A. Terry, 2023AP1053-CR, 1/31/24, District II (1-judge decision; ineligible for publication); case activity (including briefs)
In yet another “broken taillight” OWI, COA holds that the officer had reasonable suspicion to seize Terry based on a relatively minor vehicle malfunction.
Defense Win! COA upholds suppression of evidence obtained from defendant’s Dropbox account
State v. Steven W. Bowers, 2023 WI App 4; case activity (including briefs)
In this important decision addressing a novel Fourth Amendment issue, the court of appeals holds that Bowers had a reasonable expectation of privacy in the contents of his Dropbox account, despite the fact he (1) used his work email address to create the account and (2) uploaded case files and shared them without permission. (Opinion, ¶43). The court further holds that although investigators had probable cause to search the account for evidence of Bowers’ alleged crime, no exigent circumstances justified the warrantless search. (¶3).
Discrepancy between officer’s testimony and written report doesn’t mean factual findings were clearly erroneous
State v. Andrew J. Joda, 2014AP1949 & 2014AP1950, District 2, 5/6/15 (one-judge decision; ineligible for publication); case activity (including briefs)
Given the trial court’s conclusion that Deputy Becker’s testimony was more credible than Joda’s testimony, the court factual findings are not clearly erroneous just because there was a discrepancy between Becker’s testimony and his written report and Becker was unable to remember exactly where he was when he saw Joda make an illegal u-turn.
Squad car video doesn’t show trial court’s findings were clearly erroneous
County of Fond du Lac v. Jeffrey K. Krueger, 2014AP1494, District 2, 12/30/14 (1-judge decision; ineligible for publication); case activity
Krueger was stopped by an officer who said Krueger drove his car over the center line. Krueger disputed that and moved to suppress. At the suppression hearing the officer testified and the video from his squad car camera was played. The trial court found the video to be inconclusive and the officer’s testimony to be credible.
Judge’s factual findings weren’t clearly erroneous, despite officer’s equivocal testimony
City of Antigo v. M.K., 2013AP2627, District 3, 7/8/14 (1-judge; ineligible for publication); case activity
The circuit court held there was reasonable suspicion to stop the vehicle M.K. was driving because the court found the officer knew the vehicle’s registration was expired before he made the stop. The court’s finding of fact was not clearly erroneous, even though the officer’s testimony was equivocal as to whether he learned that fact as part of the original dispatch or after he spotted the vehicle and called in the license plate.