On Point blog, page 1 of 146

In decision recommended for publication, COA holds that investigating criminal record of a passenger is part of traffic stop “mission”

State v. Erik Howard Pantle, 2025AP2003-CR, 10/14/26, District II (recommended for publication); case activity

In a decision recommended for publication, COA reiterates that a dog sniff is not a search and that police do not unreasonably prolong a traffic stop by running a record check on the passengers in the car.

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COA affirms denial of motion to suppress search of individual based on K9’s alert to driver’s car door

State v. Alan Joseph Lecher, 2026AP90-CR, 10/7/26, District II (ineligible for publication); case activity

COA affirms circuit court’s denial of Lecher’s motion to suppress law enforcement’s discovery of alprazolam tablets after a warrantless search, concluding that probable cause existed to search Lecher’s person.

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COA rejects probable cause, Franks-Mann and spoliation challenges, affirms PAC & refusal judgments

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.

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COA rejects claim that consent to blood draw given by injured motorist was involuntary

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.

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COA affirms denial of motion to suppress extension of stop and PBT results

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.

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SCOW to review constitutional requirements for warrant to search smartphone

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).

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SCOW grants review to address whether odor of cannabis alone establishes probable cause

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.

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Defense wins: COA finds defendant exercising his right to avoid contact with law enforcement did not provide reasonable suspicion for investigatory detention.

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.

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Defense Win: COA affirms circuit court order suppressing blood test

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.

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COA holds that consent to blood test was voluntary and rejects challenges to OWI conviction

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.

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