On Point: 35. Search & Seizure

New Berlin v. John Francis Downey, 2013AP 2352-FT, District 2, 5/14/14 (1-judge; ineligible for publication); case activity

An on-duty police officer had authority to stop Downey outside his jurisdiction because he was acting in response to an “emergency situation,” § 175.40(6)(a), and because he was in fresh pursuit of a law violator, § 175.40(2).

Waukesha County v. Dushyant N. Patel, 2013AP2292, District 2, 5/14/14 (1-judge; ineligible for publication); case activity

The result of a blood draw done in violation of Missouri v. McNeely, 133 S. Ct. 1552 (2013), are admissible under the good-faith exception to the exclusionary rule because police acted in conformity with clear, well-settled Wisconsin law that permitted the blood draw at the time it was done, even if the arresting officer didn’t cite that law in justifying the blood draw.

State v. Andrew K. Wenz, 2013AP2576-CR, District 1, 5/13/14 (1-judge; ineligible for publication); case activity

Police had reasonable suspicion to stop his car because the content of a tip from a known, reliable informant allowed police to ascertain whether they were stopping the correct vehicle.

State v. Gumersinda M. Gonzalez, 2013AP2585-CR, District 4, 5/8/14 (1-judge; ineligible for publication); case activity

The officer lacked reasonable suspicion to extend the duration of a traffic stop by asking a driver to perform field sobriety tests, so evidence of THC possession obtained during the stop must be suppressed.

Village of Grafton v. Carl J. Schlegel, 2013AP2521, District 2, 5/7/14 (1-judge; ineligible for publication); case activity

Police had probable cause to ask Schlegel to submit to a preliminary breath test under § 343.303 even though he wasn’t asked to perform field sobriety tests first, and the result of the PBT, along with the rest of the facts, gave police probable cause to arrest Schlegel for OWI.

State v. Dean M. Blatterman, 2013AP2107-CR, District 4, 4/24/14 (one-judge; ineligible for publication), petition for review granted 9/24/14, reversed, 2015 WI 46; case activity

You don’t see this very often.  The court of appeals just reversed a circuit court decision denying a motion to suppress evidence of intoxication.  The police performed field sobriety and blood tests after moving the suspect out of the general vicinity of the stop.  This converted the stop into an arrest for which there was no probable cause.

City of Oshkosh v. Jonathan D. Berger, 2013AP2804, District 2, 4/23/14 (one-judge, ineligible for publication); case activity

Applying the settled test for deciding whether the police had probable cause to arrest for OWI, the court of appeals examined the facts and circumstances of this case and found probable cause.

Question presented:

Whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop.

Navarette v. California, USSC No. 12-9490, 4/22/14, affirming People v. Navarette, No. A132343, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished); Scotusblog page (includes links to the briefs and commentary)

Validating the rationale employed by the Wisconsin Supreme Court in State v. Rutzinski, 2001 WI 22, 241 Wis. 2d 729, 623 N.W.2d 516, the U.S. Supreme Court upholds the stop of a vehicle based on a 911 caller’s report that the vehicle ran her off the road, even though the police officer who located and then followed the vehicle observed no improper or erratic driving.

State v. Scott E. Oberst, 2014 WI App 58; case activity

The good faith exception to the exclusionary rule applies to evidence obtained during a period when binding Wisconsin appellate precedent permitted the warrantless installation of a global positioning system (GPS) device. Thus, even though the installation of the GPS device on the defendant’s vehicle was unconstitutional under United States v. Jones, 565 U.S. ___, 132 S. Ct. 945 (2012), exclusion of the evidence obtained from the device is an inappropriate remedy.