On Point blog, page 30 of 141
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State v. John Patrick Wright, 2017AP2006-CR, review of an unpublished court of appeals decision; case activity (including briefs)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State v. Jessica M. Randall, 2017AP1518, petition for review of unpublished opinion granted 10/9/18; case activity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.
Bomb scare adjudication upheld, but restitution order reversed in part
State v. J.P., 2017AP1905, District 1, 9/5/18 (one-judge decision; ineligible for publication); case activity
J.P. was adjudicated delinquent for calling in two bomb scares to his high school. The court of appeals rejects his claims that the police lacked probable cause to arrest him and unlawfully searched his phone and that his confession was involuntary. However, the court agrees with J.P. that part of the restitution order is invalid.
Court upholds convictions for multiple counts of sending unlawful emails, bail jumping
State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs)
Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions.
Court of appeals sees no ineffective assistance in not challenging phone-tracking warrant
State v. Brinkley L. Bridges, 2017AP2311-CR, 9/25/18, District 1 (not recommended for publication); case activity (including briefs)
Bridges pled to five felonies involving guns and drugs; the evidence against him was derived, in part, from a warrant police had obtained allowing them to track his cell phone. He argues counsel was ineffective for not challenging that warrant because the application didn’t show probable cause.
Defendant consented to search and had no expectation of privacy in files put on P2P file sharing network
State v. Ronald Lee Baric, 2018 WI App 63; case activity (including briefs)
Police failed to read Baric his Miranda rights, but the court of appeals still found that he consented to a search of his computer. It also resolved a 4th Amendment issue of first impression for Wisconsin: a person has no reasonable expectation of privacy in files he offers for download on a P2P file sharing network.
Information from named citizen informant provided reasonable suspicion for traffic stop
City of West Bend v. Erik J. Wille, 2018AP151, District 2, 8/15/18 (one-judge decision; ineligible for publication); case activity (including briefs)
Wille was waylaid by police while he was waiting for his Wendy’s order, leading to his arrest for OWI. The restaurant manager had called police after seeing open beer cans in Wille’s car when he was in the drive-thru. He claims the information from the manager didn’t give police reasonable suspicion to stop him. That claim fails.
ACLU news: Wisconsin sheriff policies on immigration don’t satisfy constitution; racial profiling lawsuit settled
The ACLU just released a report called “Fixing Wisconsin Sheriff Policies on Immigration Enforcement.” Among other things, it found that 24 Wisconsin counties have policies that allow or encourage the detention of immigrants for being undocumented or entering the country legally and then overstaying a visa. Without a warrant, this violates the constitution. Another 29 counties have no policies at all. What’s your county’s policy? Click here for the press release and here for the report.
Deputy had reasonable suspicion to extend stop based on driver’s odor of alcohol and glassy eyes
State v. Misty Dawn Donough, 2017AP2000-CR, 7/10/18, District 1 (1-judge opinion; ineligible for publication), case activity (including briefs)
Deputy Moldenhauer saw Donough’s car disabled on an interstate and stopped to help. Moldenhauer repeatedly interacted with Donough, told her to get into the car, put it in neutral, and steer as the car was pushed on to a side street. Then she approached Donough for her license and insurance and saw her glassy eyes and detected the odor of alcohol.