On Point blog, page 2 of 141
COA affirms OWI 2nd conviction, holding police had reasonable suspicion to extend traffic stop
State v. Danny Thomas McClain, Jr., 2024AP8, 4/8/25 District I (one-judge decision; ineligible for publication); case activity (including briefs)
COA affirms the circuit court’s order denying suppression of the evidence (field sobriety tests and preliminary breathalyzer tests), finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for additional criminal activity.
Seventh Circuit remands for new trial as to whether MPD officers conducted illegal stop and frisk
Isaiah Taylor v. Justin Schwarzhuber, No. 23-3151, 3/17/25
In a rare win, Taylor will have another chance to prove that MPD officers violated his rights when they seized him while he was out delivering a Christmas turkey to a friend.
COA again finds that consent to blood draw was valid, distinguishing Blackman
State v. Justin Dennis Krizan, 2022AP1341-CR, 3/4/25, District III (1-judge decision, ineligible for publication), case activity
Applying its recent holding in State v. Gore, 2025 WI App 11, ___ Wis. 2d ___, ___ N.W.3d ___ (see our post on Gore here), the COA concludes that Krizan’s consent to a blood draw was voluntary because he was not misinformed about the consequences of refusing to consent.
COA concludes investigative stop was valid in OWI decision recommended for publication
State v. Jody William Solom, 2024AP691-CR, 3/19/25, District II (recommended for publication), case activity
Solom appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI), sixth offense. He asserts the investigative stop was unlawful and should have been suppression. COA disagrees and affirms.
COA: Reasonable suspicion to stop vehicle if police know owner of vehicle was not issued Wisconsin driver’s license unless officer has information suggesting owner is not driving.
State v. Tobin J. Jagla, 2023AP2311-CR, 3/18/25, District III (not recommended for publication); case activity
COA affirms circuit court’s order denying Tobin Jagla’s motion to suppress where police stopped the vehicle he was driving after an officer determined the registered owner of the vehicle did not have a Wisconsin driver’s license. Although officer learned during the stop that Jagla was not the registered owner, Jagla and owner were both males and similar in age.
COA holds that 911 call created “emergency” justifying warrantless entry into home
State v. Ryan D. Wilkie, 2022AP730-CR, 3/11/25, District III (1-judge decision, ineligible for publication); case activity
COA rejects Wilkie’s interesting constitutional arguments regarding the authority of law enforcement to enter his home without a warrant and affirms his conviction for obstructing an officer.
COA finds police had reasonable suspicion to extend traffic stop to conduct field sobriety tests; reverses suppression order.
State of Wisconsin v. Alex Mark Hagen, 2024AP1180, 3/6/25 District IV (one-judge decision; ineligible for publication); case activity
COA reversed the circuit court’s order suppressing evidence of field sobriety tests and their fruits, finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for operating a vehicle while intoxicated.
COA affirms denial of suppression in OWI, concludes police had probable cause to arrest
City of Delafield v. Shawn M. Office, 2024AP227, 2/26/25 District II (one-judge decision; ineligible for publication); case activity
COA affirms Office’s OWI 1st conviction, concluding that his arrest was supported by probable cause because sufficient evidence existed to reasonably believe that Office been driving while under the influence of an intoxicant.
COA holds there was reasonable suspicion to seize motorist for unreadable license plate even if plate was, in actuality, readable
State v. Glen Michael Braun, 2022AP1764, 2/25/25, District III (one-judge decision; ineligible for publication); case activity
In a case demonstrating the tough hill that litigants must climb to prove an officer lacks reasonable suspicion, COA affirms an order denying Braun’s suppression motion based on a possible equipment violation.
COA: Traffic stop not unreasonably prolonged by officer’s request for field sobriety tests
State v. Emily Anne Ertl, 2023AP234-CR, 2/18/25, District III (one-judge decision; ineligible for publication); case activity
Ertl appeals the denial of her motion to suppress on the ground that police impermissibly extended the scope of her initial detention when the officer asked her if she would consent to field sobriety tests. COA affirms, concluding that her detention was not unreasonably prolonged by law enforcement’s single request that she voluntarily submit to field sobriety tests.