On Point blog, page 101 of 141
Traffic Arrest – Probable Cause – Crossing Median
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court of appeals decision (1-judge; not for publication); for Czirr: Rex Anderegg; BiC; Resp.; Reply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.
Reasonable Suspicion Issues – Frisk – Minor Traffic Stop – Passenger (Various Factors, Including Nervousness, High-Crime Area)
State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision
For Kyles: Eileen A. Hirsch, SPD, Madison Appellate
Issue/Holding: The following factors did not add up to reasonable suspicion supporting the frisk of a passenger during a routine traffic stop (¶17):
(1) The officer testified that he “didn’t feel any particular threat before searching” the defendant.
(2) The defendant,
Exigency – Answering Incoming Call, Lawfully Seized Cell Phone Image Supported
State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161
For Carroll: Michael K. Gould, SPD, Milwaukee Appellate
Issue/Holding: Answering call on lawfully seized cell phone proper, given existence of “probable cause to believe that the cell phone was a tool used in drug trafficking,” plus exigent circumstances (danger of evidence destruction), ¶¶35-42.
Probable cause, of course, is typically fact-specific and in that sense the court’s discussion (¶¶25-29) is mundane.
Exigency – Browsing through Image Gallery of Lawfully Cell Phone Unsupported
State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161
For Carroll: Michael K. Gould, SPD, Milwaukee Appellate
Issue/Holding: Exigent circumstances did not support browsing through image gallery of lawfully seized cell phone: “That data was not in immediate danger of disappearing before Belsha could obtain a warrant,” ¶33.
The court of appeals had merely assumed that such browsing was improper on the facts,
David Hanson v. Dane Co., Wis., 7th Cir. No. 09-1759, 6/15/10
7th circuit court of appeals decision
Warrantless Entry – Emergency Doctrine – 911 Call
According to David, the police violated the fourth amendment by entering without probable cause and refusing to leave as soon as Karen asked them to go. Like the district judge, we think that a 911 call provides probable cause for entry, if a call back goes unanswered. The 911 line is supposed to be used for emergencies only.
Warrantless Government Search of Pager Transcript Reasonable, as Furthering Work-Related Purpose
City of Ontario v. Quon, USSC No. 08-1392, 6/17/10
Assuming without deciding that police officer Quon had a reasonable expectation of privacy in the text messages of his department-issued pager, the Court concludes that the warrantless review of Quon’s pager transcript was reasonable because it was motivated by a legitimate work-related purpose and was not excessive in scope.
The 4th amendment came into play because Quon’s employer was a government agency,
Traffic Stop – OWI – Reasonable Suspicion
City of Ripon v. Jonathan Lebese, No. 2009AP2996-FT, District II, 6/16/10
court of appeals decision (1-judge; not for publication); for Lebese: Wendy A. Patrickus; BiC; Resp.
¶13 The circuit court’s “preliminary ruling” was based on the well-established standards of reasonable suspicion. Lebese’s counsel had proffered that the additional defense witness would corroborate Lebese’s account that he swerved in an evasive maneuver to avoid colliding with the car to his right.
Traffic Stop – Reasonable Suspicion, OWI
Shawano Co. v. William P. Pari, No. 2009AP2338-FT, District III, 6/15/10
court of appeals decision (1-judge; not for publication); for Pari: John S. Bartholomew; BiC; Resp.; Reply
¶10 We agree that Pari’s minimal deviations within the traffic lane do not alone give rise to reasonable suspicion that he was operating while intoxicated. See id., ¶¶18-21. Nor do we place great emphasis on that fact here when considering the totality of the circumstances.
Probable Cause – OWI
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;
State v. Brian A. Oetzman, 2009AP2514-CR, District II, 6/9/10
court of appeals decision (1-judge; not for publication); for Oetzman: Kirk B. Obear; BiC; Resp.; Reply
Traffic Stop – U-Turn
¶8 As such, three rules of the road come into play.Under Wis. Stat. § 346.34(1), no person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Wis.