On Point: 4. Probable cause to arrest

State v. Lamont C., 2013AP1687, District 1, 2/11/14; court of appeals decision (1-judge; ineligible for publication); case activity

¶14      We conclude under the facts in this case that [Officer] Hoffman did have reasonable suspicion … to stop … Lamont C. Hoffman, relying on information provided to him by a robbery victim, located Lamont C. within minutes of the robbery. In the limited time Hoffman was able to speak with the victim,

State v. Javier Teniente, 2013AP799-CR, District 4, 1/30/14; court of appeals decision (1-judge; ineligible for publication); case activity

Teniente was on his boat in the chamber of Madison’s Tenney Locks waiting for the water to rise. Piqued by Teniente’s boisterous behavior, an officer standing on the wall of the lock engaged Teniente in conversation. (¶¶3-4, 15). This interaction wasn’t a seizure for Fourth Amendment purposes;

State v. Kari L. Schiewe, 2012AP2767-CR, District 4, 10/24/13; court of appeals decision (1-judge; ineligible for publication); case activity

Applying well-established principles the court of appeals holds that despite the lack of field sobriety tests or other additional investigatory steps there was probable cause to arrest Schiewe for OWI based on information from witnesses and the officer’s own observations of Schiewe at her home. (¶¶14-19). Further, the subsequent blood draw from Schiewe was not tainted by the fact that the police arrested Schiewe in her garage,

State v. Lewis Allen Stokes, 2012AP2621-CR, District 1, 10/15/13; court of appeals opinion (1-judge; ineligible for publication); case activity

Probable cause to arrest for OWI was established based on: police observations of Stokes speeding and weaving in and out of traffic without signaling at 11:00 p.m.; Stokes’s slurred speech and the strong odor of alcohol on his breath; and Stokes’s argumentative and combative attitude toward the police. (¶¶4-5, 10).

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,

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,