On Point blog, page 29 of 141
Another garage hot pursuit case
State v. Jonalle L. Ferraro, 2018AP498, 11/8/18, District 4 (one-judge decision; ineligible for publication); case activity
As in Palmersheim just last week, here we have another successor to Weber from the 2016 term – an officer follows a driver (or recent driver) into his or her garage to arrest.
Being slumped over in driver’s seat in running car with odor of intoxicants on breath, red and glassy eyes, slurred speech, unexplained injuries, slow movements created probable cause to arrest
State v. Michael E. Hale, 2018AP812, 11/8/18, District 1 (one-judge decision; ineligible for publication) case activity (including briefs)
Hale appeals the circuit court’s order that he unreasonably refused a chemical test; the only issue on appeal is whether the officer had probable cause.
Quasi-anonymous tip about drunk driving justified stop, despite lack of bad driving
State v. Emily J. Mays, 2018AP571-CR, District 2, 11/7/2018 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court found the stop of Mays’s car was unlawful because the officer’s testimony and the squad car video showed that, during the time the officer was following Mays, her driving didn’t provide sufficient reasonable suspicion to believe Mays was intoxicated. The court of appeals reverses, holding that the 911 call that led the officer to follow Mays provided reasonable suspicion for the stop.
Officer “briskly walking” up driveway was in hot pursuit
State v. Steven D. Palmersheim, 2018AP746, 10/31/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
This is the state’s appeal of the circuit court’s grant of a suppression motion. A motorist called the police saying another car on the road was wildly swerving; the caller stayed with the swerving vehicle until it stopped on a residential street. When a police officer arrived in response to the car, the caller told him the driver, Palmersheim, had gotten out of the car and urinated in the street.
Driver’s failure to yield on entering roundabout justified traffic stop
State v. Nicholas C. Wegner, 2017AP2236-CR, District 2, 10/23/18 (not recommended for publication); case activity (including briefs)
A police officer testified he was proceeding through a traffic roundabout when Wegner, ignoring the yield signs posted for vehicles entering the roundabout, entered directly in front of the officer and caused the officer to have to brake to avoid hitting Wegner. (¶4). This conduct justified the officer’s stop of Wegner.
Radar was working, so speed reading provided reasonable suspicion for stop
City of Watertown v. Jeffrey Donald Perschke, 2018AP555, District 4, 10/18/18 (one-judge decision; ineligible for publication); case activity (including briefs)
An officer stopped Perschke after the radar device the officer was using clocked Perschke going 38 in a 25-mile-per-hour zone. Perschke claims the officer lacked reasonable suspicion to stop him because the radar wasn’t working properly, but the circuit court’s finding to the contrary dooms Perschke’s argument.
Claim of ignition interlock didn’t negate probable cause for PBT
State v. Jesse J. Kain, 2018AP951, 10/17/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
Kain appeals his drunk driving conviction, arguing the officer that stopped him lacked the probable cause necessary to ask him to take a preliminary breath test. (See Cty. of Jefferson v. Renz, 231 Wis. 2d 293, 316, 603 N.W.2d 541 (1999).)
SCOW will decide whether asking a driver about weapons is a permissible part of the “ordinary inquiry” allowed during a traffic stop
State v. John Patrick Wright, 2017AP2006-CR, review of an unpublished court of appeals decision; case activity (including briefs)
Issue (from state’s petition for review)
Does asking a lawfully stopped motorist whether he is carrying any weapons, in the absence of reasonable suspicion, unlawfully extend a routine traffic stop?
Can a person withdraw consent to test their blood after it’s been drawn? SCOW will decide.
State v. Jessica M. Randall, 2017AP1518, petition for review of unpublished opinion granted 10/9/18; case activity
Issue:
Was Randall entitled to suppression of the results of a test of a blood sample that she voluntarily gave to police under the implied consent law because she informed the lab that she was withdrawing her consent before the lab had analyzed the blood to determine the presence and quantity of drugs and alcohol?
Concern about building owner intending to enter apartment justified warrantless entry by police
State v. Jodi J. Lux, 2018AP338-CR, District 2, 8/29/18 (one-judge decision; ineligible for publication); case activity (including briefs)
A police officer’s warrantless entry into the apartment Lux was in was justified by his concerns about the safety of the apartment building owner, who told the officer she was going to enter the apartment to figure out what was going on.