On Point blog, page 25 of 141
Defense win! Police lacked probable cause for OWI arrest due to unreliable FST results
State v. Scott J. Faruzzi, 2019AP167-CR, 9/25/19, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs)
Don’t pinch yourself! You’re not dreaming. An officer stopped Faruzzi’s truck for a “welfare check” due to some “possible family troubles.” But then he performed a series of FST’s and asked Faruzzi to submit to a preliminary breath test. When Faruzzi refused, the officer arrested him for OWL. The circuit court granted Faruzzi’s motion to suppress, and the court of appeals affirms due to lack of probable cause.
Defense win! COA says no community caretaker search where no good reason to think anybody was hurt
State v. Troy K. Kettlewell, 2018AP926, 9/18/2019, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
This is a very fact-intensive OWI case and the court is to be commended for really critically examining what all these facts add up to: not much. As in, not much reason to think Kettlewell was in any danger, so no good reason to go into his house without a warrant.
DOT rule governing tinted car windows is valid, and so is the stop based on its suspected violation
State v. Richard Rusk, 2019AP135-CR, 8/29/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)
An officer stopped Rusk because he believed that tinting on the windshield of Rusk’s vehicles extended so far down as to violate Wis. Admin § Trans 305.34(6)(c)(May 2014). Rusk argued that this was a mistake of law because the rule was invalid and moved to suppress evidence of an OWI 3rd. He lost the circuit court, and loses again on appeal.
Man bites dog!
State v. Robert L. Kavalauskas, 2019AP610-CR, District 2, 8/21/19 (one-judge decision; ineligible for publication); case activity (including briefs)
And court finds reasonable suspicion to stop and detain driver to investigate OWI!
COA: Good faith OKs blood draw whether or not implied consent statute constitutional
State v. Justin W. Paull, 2017AP1210, 8/15/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Mr. Paull was found bloody and semi-conscious after a motorcycle accident. He smelled of intoxicants and had slurred speech. Police arrested him, and he was taken to the hospital. An officer read the informing the accused form to the now-unconscious Mr. Paull, then drew his blood.
Totality of circumstances justified extension of traffic stop
State v. Yunus E. Turkmen, 2018AP1673-CR, District 3, 8/13/19 (one-judge decision; ineligible for publication); case activity (including briefs)
An officer stopped Turkmen after he made a U-turn in the middle of an intersection and squealed his tires loudly. (¶3). Based on that conduct and information obtained and observations made after the stop, there was a reasonable basis to extend the stop to conduct field sobriety tests.
COA finds reasonable suspicion for drug investigation, FSTs; probable cause for arrest
County of Dunn v. Cashe L. Newville, 2018AP1167, 8/6/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
Newville was pulled over by a sheriff’s deputy who observed that, among other things, his license plate lamps weren’t working. An arrest on suspicion of operating under the influence of methamphetamine followed. The court of appeals blesses every step in the investigation that led to that arrest.
COA: Cops invade no expectation of privacy by looking into yard visible from road
State v. Adam Blaine Anderson, 2018AP718, 7/23/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
A sheriff’s deputy saw Anderson, who had an outstanding warrant, in the yard of an a acquaintance with whom he was staying. Specifically, the sheriff saw him by means of a live surveillance video; they’d installed a camera on a telephone pole across the street as part of an investigation into meth dealing. He alerted other officers, who showed up at the residence and eventually, after a chase, arrested Anderson.
Challenge to blood test quickly disposed of
State v. Lonnie P. Ayotte, Jr., 2018AP839-CR, 7/25/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Like Jessica Randall, Ayotte consented to a blood draw after his OWI arrest but then asserted his right to privacy in his blood and told authorities they couldn’t test his blood for alcohol without a warrant. As they did with Randall, the authorities tested the blood anyway. And like Randall,
COA: “canting,” swerving within lane, “shaking” were reasonable suspicion of OWI
State v. Denise R. Campbell, 2018AP1190, 7/16/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
This is a state’s appeal of the suppression of evidence derived from the stopping of Denise Campbell’s vehicle. The arresting deputy testified to various unusual driving behaviors and, in the court of appeals’ view, the trial court credited that testimony but misapplied the law to the facts. The court of appeals accordingly reverses the grant of suppression.