On Point blog, page 109 of 145
State v. Bradley A. Krahn, 2009AP2406-CR, Dist II 2/3/10
court of appeals decision (not for publication); BiC; Resp Br; Reply
Transport in Squad Didn’t Convert Stop to Arrest
Temporary detention for OWI not converted to arrest by transport, in squad while handcuffed, to police station where field sobriety tests could be performed safely; court notes that officer expressly told Krahn detention was temporary and that handcuffs and transport were for safety,
State v. Deon Bernard Howell, 2008AP3116-CR, Dist I, 1/26/10
court of appeals decision (not recommended for publication)
Probable Cause to Arrest
Probable cause to arrest Howell, where he showed up at drug house after police were executing search warrant and had found photo of him throwing gang signs plus he matched description of drug dealer in warrant application.
Fond du Lac Co. v. Jennifer E. Bailey, 2009AP 1789-FT, Dist II, 1/20/10
court of appeals decision (1-judge; ineligible for publication)
Traffic Stop – Crossing Center Line
Probable cause to stop for crossing center line, even if momentary and even if driving otherwise flawless.
State v. Bradley J. Tadych, 2009AP1911-CR, Dist II, 1/20/10
court of appeals decision (1-judge; ineligible for publication)
OWI – Probable Cause for PBT
Probable cause to administer PBT: rollover accident, odor of intoxicant, Tadych acknowledged drinking; also, PBT result admissible to establish probable cause to arrest.
State v. Stanley W. Puchacz, 2010 WI App 30
court of appeals decision; for Puchacz: William M. Hayes
Resp Br
OWI Enhancer, § 346.65(2) – Out-of-State Conviction
Michigan convictions for driving while visibly impaired may be counted as Wisconsin OWI priors, given “broad interpretation and application of the final phrase in Wis. Stat. § 343.307(1)(d) and the public policy supporting our drunk driving laws,” ¶¶12-13.
Traffic Stop – Deviating from Center Line, § 346.05
Crossing center line,
County of Grant v. Kaleena E. Collins, 2009AP 2469-FT, Dist IV, 1/14/20
court of appeals decision (1-judge; ineligible for publication)
Vehicle Stop – Rear Plate State Name Obscured
Stop OK where rear plate bracket obscured name of state.
State v. Mary B. Schaetzer, 2009AP1796-CR, Dist II, 1/13/10
court of appeals decision (1-judge; not eligible for publication)
Traffic Stop
Reasonable suspicion to stop vehicle for violating § 346.31(2), right hand turns to be made close as practicable to right-hand edge curb or highway.
State v. Hezekiah Laster, Jr., 2009AP692-CR, Dist III, 1/12/10
court of appeals decision (not recommended for publication)
Arrest – Probable Cause
Arrest based on probable cause where drug informant identified photo of Laster as person he just bought drugs from.
County of Grant v. Kaleena E. Collins, 2009AP 2469-FT, Dist IV, 1/14/10
court of appeals decision (1-judge; not for publication)
Vehicle Stop – Rear Plate State Name Obscured
Stop proper where rear plate bracket obscured name of state, even though “America’s Dairyland” visible at bottom of plate; pretextual nature of stop irrelevant.
State v. John D. Tischer, Sr., 2009AP992-CR, Dist IV, 1/14/10
court of appeals decision (1-judge; not for publication)
Vehicle Stop – Reasonable Suspicion – Anonymous Tip Insufficient
Anonymous tip “from an unknown informant calling from an unknown location” that driver in restaurant parking lot pouring out beer insufficiently reliable to support subsequent stop, where no traffic violations or erratic driving observed.