On Point: 35. Search & Seizure

State v. St. Clair Riley, 2024AP2360-CR, 11/3/26, District I (not recommended for publication); case activity

In this state’s appeal, the circuit court ordered suppression of the evidence gathered during a warrantless search of a rental car driven by St. Clair Riley, reasoning that the officers should have contacted the rental car company before having the car towed and failed to complete an inventory form. COA disagrees that these issues render the search unconstitutional and reverses.

State of Wisconsin v. Frederick Ronald Schwenk, 2025AP2528, 10/29/26, District IV (not eligible for publication); case activity

The COA affirmed the circuit court’s order revoking the defendant’s driver’s license for 12 months because a state trooper had reasonable suspicion to subject a driver to field sobriety testing, and thereafter had probable cause to arrest the driver for operating a vehicle while intoxicated.

State of Wisconsin v. Gabriela Dominguez, 2025AP2666-CR, 10/21/26, District II (ineligible for publication); case activity

Relying on existing precedent, COA concludes a smell of marijuana from a car in which Dominguez was a passenger established probable cause to arrest.

State v. Roosevelt L. Spencer, 2025AP1256, 10/20/26, District III (not recommended for publication); case activity

The COA affirmed the circuit court’s order granting the defendant’s motion to suppress based on issue preclusion where his motion was granted in a prior case, which was dismissed without prejudice, because the State’s only witness did not appear at the evidentiary hearing.  The COA found the criteria for issue preclusion were established – that the matter was actually litigated previously and that applying issue preclusion comported with principles of fundamental fairness.

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.

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.

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).