On Point blog, page 73 of 141
Illegal arrest of driver in her garage doesn’t require suppression of blood test
State v. Kari L. Schiewe, 2012AP2767-CR, District 4, 10/24/13; court of appeals decision (1-judge; ineligible for publication); case activity
Applying well-established principles the court of appeals holds that despite the lack of field sobriety tests or other additional investigatory steps there was probable cause to arrest Schiewe for OWI based on information from witnesses and the officer’s own observations of Schiewe at her home. (¶¶14-19). Further, the subsequent blood draw from Schiewe was not tainted by the fact that the police arrested Schiewe in her garage,
Court upholds traffic stop based on improper flashing of high beams
Jackson County v. Robert J. Troka, 2013AP317, District 4, 10/17/13; court of appeals decision (1-judge; ineligible for publication); case activity
A police officer lawfully stopped a car traveling in the opposite direction that flashed its high beams at the officer twice, once within about a half mile of the officer, the second time within about 200 feet of the officer, even though the officer’s high beams were not on.
State v. Antonio Brown, 2011AP2907-CR, petition for review granted 10/14/13
Review of a published court of appeals decision; case activity
Issue (composed by the State’s petition for review)
In determining the legality of a vehicle stop under the Fourth Amendment, did the court of appeals properly conclude that a tail lamp that is sixty-six percent functional is in “good working order” as required under Wis. Stat. § 347.13(1) and thus cannot serve as a basis for an officer’s probable cause to stop the vehicle?
Grant County v. Daniel A. Vogt, 2012AP1812, petition for review granted 10/15/13
Review of unpublished court of appeals decision; case activity
Issue (composed by On Point)
Was Vogt seized for purposes of the Fourth Amendment when a police officer pulled up behind Vogt’s parked car, approached the car, rapped on the driver’s window, and directed Vogt to roll the window down?
Petitions for review aren’t available on the court’s website, so the issue statement is based on the brief filed in,
OWI — probable cause to arrest despite lack of field sobriety tests
State v. Lewis Allen Stokes, 2012AP2621-CR, District 1, 10/15/13; court of appeals opinion (1-judge; ineligible for publication); case activity
Probable cause to arrest for OWI was established based on: police observations of Stokes speeding and weaving in and out of traffic without signaling at 11:00 p.m.; Stokes’s slurred speech and the strong odor of alcohol on his breath; and Stokes’s argumentative and combative attitude toward the police. (¶¶4-5, 10).
Traffic stops — reasonable basis to prolong traffic stop to conduct field sobriety tests
State v. Richard H. Hogenson, 2013AP389-CR, District 3, 10/15/13; court of appeals decision (1-judge; ineligible for publication); case activity
Though it is “a very close case” (¶14), the court of appeals holds an officer had reasonable suspicion to extend a traffic stop based on a burned-out headlamp and conduct field sobriety tests:
¶15 In this case, at the moment [Officer] Jenatscheck requested that Hogenson participate in field sobriety tests,
Warrantless entry into home to arrest for OWI was not justified by exigent circumstances
State v. Jeffrey G. Vanden Huevel, 2013AP1107-CR, District 3, 10/8/13; court of appeals decision (1-judge; ineligible for publication); case activity
After rolling his car over early one morning Vanden Huevel left the scene of the accident and went back to his cabin. (¶¶1-7). A sheriff’s deputy named Kelley located the cabin and started knocking on a sliding patio door. (¶¶8-9). Kelley could see someone inside and told the person to open the door,
Lorenzo Prado Navarette & Jose Prado Navarette v. California, USSC No. 12-9490, cert. granted 10/1/13
Does the Fourth Amendment require an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate dangerous driving before stopping the vehicle?
Lower court opinion: People v. Lorenzo Prado Navarette, et al., No. A132353, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished)
This is a very significant Fourth Amendment case that could change the law in Wisconsin by limiting State v.
Anonymous tip naming defendant and officer’s own observations combined to support traffic stop
Manitowoc County v. Ryan A. Spatchek, 2013AP986, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity
An anonymous call to police dispatch said Spatchek was operating while intoxicated and that the caller was concerned for his safety and provided verifiable information as to Spatchek’s location that was later confirmed by a deputy who subsequently found and followed Spatchek and made independent observations of his impaired driving (crossing the fog line approximately three times in one mile;
Court of appeals rejects use of collective knowledge doctrine to undercut reasonable suspicion
City of Stevens Point v. Katrina L. Shurpit, Appeal No. 2013AP538, 9/26/13; (1-judge; ineligible for publication); case activity
Shurpit challenged the investigative stop that led to her convictions for operating a vehicle with a prohibited alcohol content and while under the influence of an intoxicant. A hit-and-run had a occurred in the vicinity a few minutes before her stop. The dispatcher told the arresting officer that the car involved was gray or green.