On Point: 4. Probable cause to arrest

State v. Zach Geyer, 2014AP2625-CR, District 4, 4/23/15 (one-judge decision; ineligible for publication); case activity (including briefs)

Under the totality of the circumstances, police had probable cause to arrest Geyer for OWI.

State v. Antwan D. Hopson, 2014AP1430-CR, District 2, 3/25/15 (not recommended for publication); case activity (including briefs)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.

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.

Review of an unpublished per curiam court of appeals decision; case activity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?

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.

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.

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.

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.

State v. Jessica Ann Stofflet, 2014AP823-CR, 10/16/14, District 4 (one-judge decision, ineligible for publication); case activity

The court of appeals held that the officer who stopped Stofflet’s vehicle and conducted a preliminary breath test had probable cause to believe she was committing OWI.

The officer observed that she had deviated within her lane, swerved over the fog line, varied her speed, swerved into the left lane,

State v. Deborah K. Salzwedel, 2014AP301-CR, 10/16/14, District 4 (1-judge decision, ineligible for publication); case activity

The court of appeals affirmed the denial of Salzwedel’s motion to suppress and her conviction for OWI (3rd offense). Apparently, a deputy was driving right behind Salzwedel when she made a quick left turn in front of him without using her turn signal.  The court of appeals held that the deputy had probable cause to stop her vehicle for a violation of §346.34(1)b,