On Point: 35. Search & Seizure

Portage County v. Carter Townsend Andreae, 2024AP1330 & 1331, 9/11/26, District IV (ineligible for publication); case activity

COA rejects Andreae’s challenges to the circuit court’s denial of his three pretrial motions and affirms the refusal and PAC 1st.

State v. Bailey Reed Vande Slunt, 2025AP2284-CR, 9/9/26, District II (ineligible for publication); case activity

Although Vande Slunt argues that his condition following a significant car crash rendered his consent involuntary, COA rejects his reliance on a persuasive federal case and affirms.

State v. Paula Andrea Champion, 2025AP802, 8/18/26, District I (ineligible for publication); case activity

COA affirms circuit court’s denial of Paula Champion’s motion to suppress in appeal of PAC 1st judgment.

State v. Emil L. Melssen, 2024AP1942-CR, petition for review of a published decision of the court of appeals, granted 8/21/26; case activity

SCOW has granted the state’s petition to review a published COA decision (see our post here), which held, as a matter of first impression, that a “warrant must specify the particular items of evidence to be searched for and seized from the smartphone, and its authorization must be limited to the time period and information or other data for which probable cause has been properly established through the facts and circumstances set forth under oath in the warrant’s supporting affidavit.” (Cleaned up).

State v. Ayanna Chuntel McAfee, 2024AP1635-CR, petition for review of a summary disposition order of the court of appeals, granted 8/18/26; case activity

SCOW grants Ayanna McAfee’s petition for review to address whether the odor of cannabis alone provides probable cause to search a car.

State v. Derek A. Lamb, 2025AP824, 7/31/26, District IV (not recommended for publication); case activity

The COA reversed the circuit court’s order denying the defendant’s motion to suppress the fruits of a traffic stop where the only evidence of criminal activity was that the defendant was parked next to another vehicle on a dead-end road at 3 a.m. and the defendant attempted to avoid contact with law enforcement.

State of Wisconsin v. Jorge Luis Perez-Aldape, 2026AP642-CR, 7/29/26, District II (ineligible for publication); case activity

In a unique OWI case, COA relies on SCOW guidance to uphold the circuit court’s order suppressing blood evidence due to a failure to read the person the Informing the Accused Form.

County of Milwaukee v. Troy Michael Tordoer, 2024AP2492, 7/28/26, District I (ineligible for publication); case activity

Although Tordoer claims that he was coerced into consenting to an evidentiary blood draw, COA agrees with the circuit court that Tordoer’s consent was voluntary.

Village of Grafton v. Blake S. Barnes, 2026AP160, 7/15/26, District II (ineligible for publication); case activity

The COA affirmed the circuit court’s order denying the defendant’s motion to suppress the fruits of his stop and arrest for speeding and operating while intoxicated where the defendant drove 48 miles per hour on a road posted for 25 miles per hour at 12:30 a.m., the officer smelled alcohol in the vehicle, the defendant exhibited glassy eyes, admitted he drank alcohol that night, and failed field sobriety tests.

State v. Richard A. Tourtillot, 2024AP1831, 7/7/26, District III (not recommended for publication); case activity

The COA determined the defendant’s consent to a blood draw was voluntary under a since-repealed portion of the Implied Consent Law.