On Point: D. Search incident to arrest

State v. Timothy Charles Bauer, 2010 WI App 93; for Bauer: Catherine M. Canright; BiC; Resp.; Reply

Search-Incident – Automobile

By failing to address Bauer’s Arizona v. Gant argument, instead relying solely on State v. Fry, 131 Wis. 2d 153, 174, 388 N.W.2d 565 (1986), the States’ argument compels the court to reverse the suppression order:

¶9 Here,

Village of Whitefish Bay v. David W. Czirr, No. 2010AP92, District I, 6/22/10

court of appeals decision (1-judge; not for publication); for Czirr: Rex Anderegg; BiC; Resp.; Reply

Driving across median, even for very brief period of time, establishes probable cause to arrest for traffic offense:

¶14      Next, Czirr does not specifically argue that momentarily being on top of the median cannot constitute a violation of WIS.

Bradley K. Darwin, No. 2009AP2608-FT, District IV, 6/10/10

court of appeals decision (1-judge; not for publication); for Darwin: Bill Ginsberg; BiC; Resp.; Reply

¶5     Darwin argues that the officer lacked probable cause to arrest him for OWI. The municipal court made the following findings of fact with respect to probable cause: Darwin signaled a turn, but failed to complete it; he denied drinking;

court of appeals decision (1-judge, not for publication); for Sporle: Robert J. Jackson; BiC; Resp.; Reply

Implied Consent Procedure, § 343.305(2)

¶12 The officer complied with her obligations to provide the “Informing the Accused” information and to make an alternative test available. The officer informed Sporle that, if he took the requested test, he could have an alternative test free of charge,

court of appeals decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br.

Miranda – Suppressed Statement and Probable Cause

¶7        First, we will address the State’s argument that Kohel’s statement “[w]e just smoked an hour ago” was voluntary and should not be suppressed. The trial court found, and we agree, that Kohel’s statement was the result of a custodial interrogation and should be suppressed.

court of appeals decision (1-judge, not for publication) BiC; Resp. Br.; Reply Br.

Traffic Arrest
Probable cause to believe Broad drove on public roadway, hence to arrest for OWI, where car was found off the road, Broad was in driver’s seat and admitted to being driver, car “was warm and running.”

Right to Testify
Violation of rule requiring contemporaneous colloquy as to waiver of right to testify at trial doesn’t lead to automatic reversal of conviction;

court of appeals decision (not for publication); BiC; Resp Br; Reply

Transport in Squad Didn’t Convert Stop to Arrest
Temporary detention for OWI not converted to arrest by transport, in squad while handcuffed, to police station where field sobriety tests could be performed safely; court notes that officer expressly told Krahn detention was temporary and that handcuffs and transport were for safety,

court of appeals decision (not recommended for publication)

Probable Cause to Arrest
Probable cause to arrest Howell, where he showed up at drug house after police were executing search warrant and had found photo of him throwing gang signs plus he matched description of drug dealer in warrant application.

court of appeals decision (1-judge; ineligible for publication)

Traffic Stop – Crossing Center Line
Probable cause to stop for crossing center line, even if momentary and even if driving otherwise flawless.

court of appeals decision (1-judge; ineligible for publication)

OWI – Probable Cause for PBT
Probable cause to administer PBT: rollover accident, odor of intoxicant, Tadych acknowledged drinking; also, PBT result admissible to establish probable cause to arrest.