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On Point

COA holds that driver’s odor of alcohol and prior conviction for OWI provides reasonable suspicion to extend traffic stop

State v. Peter Joseph Idell, 2024AP2230, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity

The COA holds that an odor of intoxicants and the driver’s 2009 conviction for OWI established reasonable suspicion to extend stop for expired license plates to investigate OWI.

SCOTUS to determine whether police need probable cause that an emergency is occurring to invoke emergency aid doctrine and enter a home without a warrant

William T. Case v. Montana, USSC No. 24-624, certiorari granted 6/2/25

SCOTUS added to its docket when it accepted an increasingly rare grant from state criminal proceedings in this Fourth Amendment case:

Question presented:

Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.

COA holds that warrantless entry to home, authorized by young child, did not violate defendant’s Fourth Amendment rights

State v. Peter J. Long, 2024AP1249-CR, 5/28/25, District II (not recommended for publication); case activity

While Long’s appeal presents some superficially interesting legal issues, ultimately COA’s dereference to the circuit court’s underlying factual findings govern the outcome here.

COA holds reasonable suspicion supported Act 79 search that may have led to burglary arrest

State v. Wayne L. Timm, 2023AP351, 1/19/24, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

The police thought Timm might be responsible for a string of burglaries in the area, and so were looking out for his vehicle. When an officer spotted it one night, he pulled it over for going 31 in a 25. Shining his flashlight into the car, the officer saw the flat end of a tire iron such as could be used to pry things open; the iron was partly covered by a pair of jeans. He searched the vehicle and discovered more potentially “burglarious” tools. Based in part on this evidence, the police secured a GPS warrant for Timm’s car. The GPS tracking led to the discovery of evidence connecting him to specific burglaries. He moved to suppress the search of his car; when that was denied, he entered a plea.