On Point: D. Search incident to arrest

State v. George R. Ferrell, Appeal No. 2012AP2602, 9/26/13, (1-judge; ineligible for publication); case activity

A state trooper does not need evidence such as odors, admissions or containers to have probable cause to arrest for OWI.  These facts will do the trick:

 ¶12 . . . [T]he State Patrol received several reports that Ferrell was driving erratically and dangerously.  Thiede observed that Ferrell was speeding and watched Ferrell swerve within his lane. 

Winnebago County v. Brady E. Bauman, 2013AP1075, District 2, 9/18/13; court of appeals decision (1-judge; ineligible for publication); case activity

After encountering a deputy in a parking lot, Bauman stated he had been drinking, had driven a half-hour before, and had pulled into the parking lot because he felt impaired. The deputy asked,  “Are you telling me that you are impaired and you were driving in an impaired state?” Bauman answered “yes.” The deputy had probable cause to arrest Bauman:

¶4        …. 

Marathon County v. Eric G. Fischer, 2013AP760, District 3, 9/4/13; court of appeals decision (1-judge; ineligible for publication); case activity

Police lacked probable cause to arrest Fischer because a “tip” from an ER nurse that Fischer’s BAC was “0.15 percent” did not provide a reliable basis to conclude Fischer was operating while intoxicated.

Fischer was the operator of a motorcycle that crashed. (¶2). Police collected scant information at the scene before Fischer was taken to the hospital.

State v. Scott E. Bartelt, 2013AP110-CR, District 2, 8/14/13; court of appeals decision (1-judge; ineligible for publication); case activity

¶1       …. During his investigation of a bar fight, a village of Butler police officer came to the conclusion that Bartelt should not drive home and offered to give him a ride. Bartelt declined the ride, told the officer he would walk home, and walked away. Not twenty minutes later,

State v. Constance Ilene Osborne, 2012AP2540-CR, District 4, 6/27/13; court of appeals decision (1-judge; ineligible for publication); case activity

The results of a blood draw done by an EMT at the jail after Osborne was arrested for OWI were admissible because the method and manner of the blood draw were reasonable and the EMT was acting under the direction of a physician, as required by § 343.305(5)(b).

Village of Muscoda v. Samuel R. Anderson, 2012AP2216, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity

Police had probable cause to administer a PBT where: the officer noticed an odor of intoxicants emanating from Anderson or his vehicle; Anderson had bloodshot eyes and slightly slurred speech and admitted he had consumed five drinks over the course of the night; and Anderson’s performance on the walk-and-turn and one-leg-stand tests suggested he might be intoxicated.

State v. Alvernest Floyd Kennedy, 2012AP523-CR, District 1, 4/9/13, court of appeals decision (not recommended for publication), petition for review granted 2/19/14, affirmed, 2014 WI 132; case activity

Terry stop — reasonableness of length of detention; arrest –probable cause

Kennedy was the driver of a car that struck a pedestrian. (¶¶3-5). After about 30 minutes on the scene investigating the incident,

State v. Michael E. Zinke, 2012AP2087-CR, District 4, 4/4/13; court of appeals decision (1-judge, ineligible for publication); case activity

The stop and arrest of Zinke by a police officer well outside his jurisdiction was proper under a mutual aid statute, § 66.0313(2), even though the officer was “miles away” from his jurisdiction and initiated contact with the agency that had jurisdiction.

These are the facts: A Village of Westfield police officer was traveling on a county highway in Marquette County when he observed a vehicle  repeatedly deviating from its designated lane.

State v. Amanda Kratochwill, 2012AP2076-CR, District 4, 2/14/13; court of appeals decision (1-judge; ineligible for publication); case activity

Police  had probable cause to arrest Kratochwill for OWI where:

• Car was stopped for speeding (¶2);
• Upon  approaching the car the officer noted a strong smell of intoxicants and an open beer in the front passenger cup holder (¶2);
• When told she was speeding,

State v. Daniel Cervantes, 2011AP1858-CR, District 1, 2/12/13; court of appeals decision (not recommended for publication); case activity

The police lacked probable cause to arrest Cervantes when he opened the door of his apartment (¶¶10-16); there were neither exigent circumstances nor community caretaker grounds for the police to enter Cervantes’s apartment following his arrest to do a protective sweep (¶¶14-23); and his subsequent “consent” to search the apartment was not sufficiently attenuated from the illegal arrest and entries (¶¶24-30).