On Point: 35. Search & Seizure

State v. Jonah Michael Hoffman, 2024AP1221-CR, 4/24/25, District IV (1-judge decision, ineligible for publication); case activity

The sole issue on appeal is whether the deputy who arrested Hoffman had probable cause to search his truck for evidence of an open container. COA concludes that probable cause was lacking, and accordingly reverses and remands with directions that any evidence derived from the search be suppressed.

State v. Natalie S. Lozano, 2024AP1540-CR & 2024AP1541-CR, 4/9/25, District II (1-judge decision, ineligible for publication); case activity

In yet another appeal hinging on the requirement that a license plate be “legible,” COA affirms based on its deference to the circuit court’s factual findings.

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.

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.

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.

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.

State v. Tobin J. Jagla, 2023AP2311-CR, 3/18/25, District III (not recommended for publication); case activity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.

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.

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.

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.