On Point blog, page 11 of 24
Driver’s refusal of blood test held unreasonable despite evidence that he didn’t understand his rights
County of Eau Claire v. Scott S. Mahler, 2014AP1696-FT, 3/31/15, District 3 (1-judge opinion; ineligible for publication) click here for docket and briefs
Mahler, who was arrested for OWI, refused to consent to a chemical test of his blood. The court of appeals found his refusal unreasonable even though the arresting officer failed to have Mahler sign the “Informing the Accused” form and Mahler testified that he did not understand the information on it.
Search of detained passenger was legal because police had probable cause to arrest him
State v. Antwan D. Hopson, 2014AP1430-CR, District 2, 3/25/15 (not recommended for publication); case activity (including briefs)
Even though Hopson was not formally under arrest at the time police searched him in a manner that exceeded the allowable scope of a frisk, the search was legal because the police had probable cause to arrest Hopson for possession of marijuana.
Court of appeals affirms suppression; sees one-shot-sized container exception to Gant
State v. Miranda K. Hinderman, 2014AP1787-CR, 2/12/15, District 4 (one-judge opinion; ineligible for publication); click here for briefs
Just because police had grounds to arrest Hinderman for OWI didn’t mean that they also had reason to believe that evidence relating to the OWI might be found in a 3″x3″ pouch inside her purse, inside her car, where they happened to find marijuana and drug paraphernalia.
After lawful arrest for OWI, police may search car for more evidence
State v. Darrell G. Lewis, 2014AP2289-CR, 2/12/14; District 4 (one-judge opinion, ineligible for publication); click here for briefs
After arresting Lewis for OWI, police searched his car and found marijuana. Lewis moved to suppress based on Arizona v. Gant, 556 U.S. 332 (2009), which permits a warrantless search of a car and containers within incident to arrest when it is reasonable to believe evidence relevant to the crime might be found there. Lewis lost his motion and appeal.
Bad driving after bar time, odor of alcohol, admission of drinking, etc., adds up to probable cause to arrest for OWI
Fond du Lac County v. Robyn M. Pollack, 2014AP1936, District 2, 1/14/15 (1-judge decision; ineligible for publication); case activity
Pollack’s license was properly revoked after refusing a chemical test because the police officer had probable cause to arrest her for OWI under the totality of the circumstances.
State v. Richard E. Houghton, Jr., 2013AP1581-CR, petition for review granted 1/13/15
Review of an unpublished per curiam court of appeals decision; case activity
Issue (composed by On Point)
Can a police officer’s reasonable mistake of law give rise to reasonable suspicion or probable cause necessary to uphold a seizure under article I, §11 of the Wisconsin constitution?
Facts as found by circuit court supported probable cause to arrest for OWI
City of Chippewa Falls v. Douglas M. Buchli, 2014AP1422, District 3, 12/23/14 (1-judge decision; ineligible for publication); case activity
There was probable cause to arrest Buchli for OWI despite the fact the police investigation discovered inconsistent information—including an admission by Buchli’s companion, Mahoney, that she was driving.
Pat-down search was lawful because police had probable cause to arrest
State v. Steven L. Kaulfuerst, 2014AP1428-CR, District 2, 12/10/14 (1-judge decision; ineligible for publication); case activity
The pat-down search of Kaulfuerst was lawful because police had probable cause to arrest him for disorderly conduct, even though police had not arrested him for that offense.
Witness reports and officers’ observations provided probable cause to arrest for OWI
City of Portage v. Kenneth D. Cogdill, 2014AP1492, District 4, 11/20/14 (1-judge decision; ineligible for publication); case activity
Police had probable cause to believe Cogdill had been operating a motor vehicle while under the influence of an intoxicant based on the statements of witnesses, the officers’ own observations, and Cogdill’s statements.
Officer had probable cause to stop vehicle for tailgating
State v. Arik James Ulwelling, 2014AP814-CR, District 3, 11/4/14 (1-judge decision; ineligible for publication); case activity
Police had probable cause to stop Ulwelling for violating § 346.14(1), which prohibits motor vehicle operators from following another vehicle “more closely than is reasonable and prudent”—i.e., tailgating.