On Point: D. Search incident to arrest

State v. Luke T. Nirmaier, 2011AP1355-CR, District 3, 12/28/11

court of appeals decision (1-judge, not for publication); for Nirmaier: Michael M. Rajek; case activity

The odor of alcohol on Nirmaier following a traffic accident resulting in substantial bodily injury triggered the implied consent law, notwithstanding absence of probable cause to arrest at that point:

¶9        Wisconsin Stat. § 343.305(3) outlines different scenarios in which an officer may invoke the implied consent law and request a chemical test of an individual’s breath,

State v. Gustavo E. Lopez, 2011AP1037-CR, District 2, 11/23/11

court of appeals decision (1-judge, not for publication); for Lopez: Walter Arthur Piel, Jr.; case activity

¶8        While the record reveals that Lopez is correct in stating that the court took video evidence from the roadside stop into consideration when making the finding of probable cause, we disagree that this was in any way not allowed. When determining the facts available to the officer to formulate probable cause,

State v. Gary F. Wieczorek, 2011AP1184-CR, District 3, 11/8/11

court of appeals decision (1-judge, not for publication); for Wieczorek: James R. Koby; case activity

Warrantless arrest of Wieczorek on his front porch for OWI, after he answered the officer’s knock was constitutional. The record doesn’t show that Wieczorek had a reasonable expectation of privacy in the porch. ¶¶10-11, distinguishing State v. Walker,

court of appeals decision (recommended for publication); for Little: Jeffrey W. Jensen; case activity

Probable Cause to Arrest 

¶14      In Stewart’s case, the pertinent facts are:

•           On March 10, 2009, a reliable confidential informant told Agent Gray that one of the people who had been arrested with Alderman McGee was going to be bringing cocaine to Milwaukee.  After Gray obtained the names and photographs of individuals who had been arrested in Alderman McGee’s case and showed them to the informant,

State v. Cindy R. Billips, 2009AP2493-CR, District 2, 10/5/11

court of appeals decision (1-judge, not for publication); for Billips: Timothy R. Muth, Amy Lynn MacArdy; case activity

Following OWI arrest supported by probable cause, the officer was authorized to search the vehicle for evidence relevant to the OWI arrest:

¶9        Here, it was reasonable for Kinservik to believe that further evidence related to Billips’ OWI arrest might be found in the vehicle.  

State v. Daniel R. Doyle, 2010AP2466-CR, District 4, 9/22/11

court of appeals decision (1-judge, not for publication); for Doyle: John C. Orth; case activity

Transport of drunk driving suspect 3-4 miles to local police station for purpose of administering field sobriety tests didn’t covert Terry stop into arrest, given that extreme, adverse weather conditions rendered impractical such testing at the scene.

¶11      Terry is codified in Wis.

State v. Bridgette M. Glaze, 2010AP3128-CR, District 2, 8/24/11

court of appeals decision (1-judge, not for publication); for Glaze: John C. Orth; case activity

Although Glaze’s stop by one officer investigating possible domestic violence was likely unsupported (¶9), the stop was adequately supported by an alternative basis: observations of a second, off-duty officer which, under the “collective knowledge” doctrine were imputed to the first officer and supplied reasonable suspicion that Glaze was driving while intoxicated.

State v. Charles L. Wendt, 2010AP2416, District 4, 6/23/11

court of appeals decision (1-judge, not for publication); for Wendt: Michael C. Witt; case activity

“Momentary incursion” (or, “slight deviation”) into oncoming lane provided probable cause to stop motorist for violation of § 346.05. Having properly stopped Wendt, the officer had reasonable suspicion to administer field sobriety tests, given the odor of alcohol and latter’s “glassy and bloodshot eyes”: “obvious and classic”

State v. Blair T. Davis, 2011AP320,District 2, 6/22/11

court of appeals decision (1-judge, not for publication); for Davis: Daniel J. Posanski; case activity

Arrest by campus policeman, outside his jurisdiction, was justifiable under either citizen’s arrest, or fresh pursuit, doctrines.

¶5        The fresh pursuit doctrine states that any Wisconsin peace officer may pursue and arrest a suspect “anywhere in the state” for a violation of any law or ordinance that the officer is authorized to enforce as long as the officer is in “fresh pursuit.”  Wis.

State v. Omar F. Ofarril-Valez, 2010AP3109-CR, District 1, 6/21/11

court of appeals decision (1-judge, not for publication); for Ofarril-Velez: Dustin C. Haskell, SPD, Milwaukee Appellate; case activity

The court marshals “nine indicia of impairment” to support its conclusion of probable cause to arrest: time (2:30 a.m.); driving 3-4 miles over posted limit; “light odor” of alcohol; admission of drinking 1 beer; glassy eyes; difficulty complying with instructions;