On Point blog, page 1 of 25
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.
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.
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.
COA finds reasonable suspicion to extend traffic stop to investigate for OWI and probable cause to arrest.
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.
COA finds consent to blood test was voluntary under since-repealed provision of Implied Consent Statute
State v. Richard A. Tourtillot, 2024AP1831, 7/7/26, District III (not recommended for publication); case activity
The COA determined the defendant’s consent to a blood draw was voluntary under a since-repealed portion of the Implied Consent Law.
COA rejects facial challenge to Implied Consent Law; affirms denial of motion to suppress blood results
State v. Conor Alexander Noble, 2025AP811-CR, 3/11/26, District II (1 judge opinion, ineligible for publication); case activity
COA rejects Noble’s facial unconstitutionality challenge to Wisconsin’s Implied Consent Law (ICL) and affirms the circuit court’s denial of Noble’s motion to suppress the blood draw results for lack of voluntary consent.
COA: Police reasonably conveyed implied consent warnings to suspected drunk driver although officer commented to driver that not all of the warnings applied.
State v. Sam M. Shareef, 2025AP661, 12/10/25, District II (ineligible for publication); case activity
The COA holds that police reasonably conveyed implied consent warnings to a suspected drunk driver although the officer told the driver that some of the circumstances described on the Informing the Accused form did not apply to him.
COA: Sufficient evidence to request blood draw independent from defendant’s compelled statements; defendant’s IAC claims were conclusory and undeveloped.
State v. Nicholas J. Nero, 2023AP543, District III, 6/10/25 (one-judge decision; ineligible for publication); case activity
The COA found that law enforcement had probable cause that Nicholas Nero was driving under the influence, independent from his compelled statement to his probation officer and un-Mirandized statement to a deputy sheriff, and therefore affirmed the circuit court’s order denying his motion to suppress the results of his blood draw. The COA also found that Nero’s claims for ineffective assistance of counsel at trial were conclusory and undeveloped.
COA reverses, holding deputy lacked probable cause to search truck under the automobile exception to the warrant requirement
State v. Jonah Michael Hoffman, 2024AP1221-CR, 4/24/25, District IV (1-judge decision, ineligible for publication); case activity
The sole issue on appeal is whether the deputy who arrested Hoffman had probable cause to search his truck for evidence of an open container. COA concludes that probable cause was lacking, and accordingly reverses and remands with directions that any evidence derived from the search be suppressed.
COA again finds that consent to blood draw was valid, distinguishing Blackman
State v. Justin Dennis Krizan, 2022AP1341-CR, 3/4/25, District III (1-judge decision, ineligible for publication), case activity
Applying its recent holding in State v. Gore, 2025 WI App 11, ___ Wis. 2d ___, ___ N.W.3d ___ (see our post on Gore here), the COA concludes that Krizan’s consent to a blood draw was voluntary because he was not misinformed about the consequences of refusing to consent.