On Point blog, page 1 of 12
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 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.
COA affirms denial of suppression in OWI, concludes police had probable cause to arrest
City of Delafield v. Shawn M. Office, 2024AP227, 2/26/25 District II (one-judge decision; ineligible for publication); case activity
COA affirms Office’s OWI 1st conviction, concluding that his arrest was supported by probable cause because sufficient evidence existed to reasonably believe that Office been driving while under the influence of an intoxicant.
COA affirms denial of suppression motion, but reminds state of basic briefing rules
State v. Mitchell D. Butschle, 2023AP2120-CR, 5/8/24, District II (one-judge decision, ineligible for publication); case activity
On appeal from a conviction for operating with a detectable controlled substance, the court rejects Butschle’s claims that police lacked probable cause to arrest. The court affirms because “there were enough indicators of impairment to satisfy probable cause to arrest, including (1) “a strong odor of alcohol,” (2) “Butschle’s eyes were bloodshot and glassy,” (3) “the stop occurred just after 2:00 a.m., which is bar time,” and (4) “Butschle failed the HGN test and showed balance indicators on the other two [FSTs].” Op., ¶¶10-11.
COA holds there was probable cause for OWI given admission of drinking up to twelve beers, slurred speech, inability to stand, and .198 PBT (among other evidence)
State v. Nicholas Allen Paulson, 2022AP186, 2/21/24, District III (1-judge decision, ineligible for publication); case activity
Although Paulson tries to establish that police did not have probable cause to arrest him despite, among other evidence, a PBT reading of .198, COA affirms.
COA affirms search; disregards “breadcrumb” theory
State v. Ashley Rae Baker, 2022AP1587-CR, District II, 1-judge decision, ineligible for publication; case activity (including briefs)
The Fourth Amendment protects against guilt by association by requiring probable cause to arrest or search to be specifically linked to the individual defendant. See State v. Riddle, 192 Wis. 2d 470, 478, 531 N.W.2d 408 (Ct. App. 1995) (citing United States v. Di Re, 332 U.S. 581, 593 (1948). That probable cause exists to arrest one vehicle occupant does not mean probable cause exists to arrest another.
SCOW rejects novel CBD-inspired arguments to reaffirm that an odor of marijuana justifies a warrantless search
State v. Quaheem O. Moore, 2023 WI 50, 6/20/23, reversing an unpublished court of appeals decision; case activity (including briefs)
As many surrounding states continue to legalize marijuana–and with the explosion of CBD and other legal hemp-derived products throughout Wisconsin–some observers have questioned the continued viability of Fourth Amendment rules permitting intrusive law enforcement action when officers smell what they believe to be THC. However, because THC remains illegal under Wisconsin law, these arguments fail in light of well-settled Fourth Amendment principles.