On Point blog, page 76 of 141
OWI – probable cause to administer PBT
State v. Travis M. Ranta, 2012AP1663, District 4 (1-judge, ineligible for publication); case activity
Police were called to a campsite where the defendant admitted to drinking with underage individuals. An hour later, another officer was called to the same site, where he observed the defendant behaving in a “belligerent, uncooperative [and] loud” manner. A PBT showed the defendant had a .156 BAC, so he was informed that he couldn’t drive his truck out of the campsite.
Court finds reasonable suspicion for traffic stop and standing to challenge it
County of Fond Du Lac v. Nathan M. Kohlwey, 2013AP101-FT, District 2, May 1, 2013; (not recommended for publication); case activity.
This appeal may take the prize for the skimpiest briefs–the appellant’s is 6 pages and the respondent’s is 3. This post is even shorter.
After receiving a 911 call about a driver who had fallen asleep in a truck at a stop sign, sheriff’s deputies stopped a different car,
Traffic stop — OWI — probable cause to request PBT
Fond du Lac County v. Ian A. Niquette, 2012AP2708, District 2, 4/24/13; court of appeals decision (1-judge, ineligible for publication); case activity
Police had probable cause to have Niquette do a PBT despite his good performance on the field sobriety tests, applying State v. Felton, 2012 WI App 114, ¶10, 344 Wis. 2d 483, 824 N.W.2d 871:
¶5 …. Niquette crashed his truck into the back of a parked vehicle in a twenty-five-mile-per-hour speed zone with enough force to flip his vehicle onto its side.
Reasonable suspicion to extend traffic stop to investigate OWI
City of Oshkosh v. Ernest D. Lehl, 2012AP2717, District 2, 4/24/13; court of appeals decision (1-judge, ineligible for publication); case activity
Police had reasonable suspicion to extend a traffic stop and request Lehl to perform field sobriety tests because there were specific and articulable facts which, taken together with rational inferences from those facts, reasonably warranted the intrusion of the extended stop. State v. Post,
Warrantless search of home was not justified under community caretaker doctrine
State v. Dyllon A. Maddix, 2013 WI App 64; case activity
The warrantless search of an apartment by police who responded to a domestic disturbance call was not justified under the community caretaker doctrine:
¶37 …. Under the facts of this case, after the officers validly exercised the community caretaker function by entering the apartment, addressing the apparent domestic situation, and making a reasonable assessment of the need for any further assistance or protection,
US Supreme Court: Natural dissipation of alcohol does not establish a per se exigency sufficient by itself to justify a warrantless blood draw
Missouri v. McNeely, USSC No. 11-1425, 4/17/13
United States Supreme Court decision, affirming State v. McNeely, 358 S.W.3d 65 (Mo. 2012)
In a decision that works a major change in Wisconsin law governing nonconsensual, warrantless blood draws in OWI cases, the U.S. Supreme Court holds the evanescent quality of alcohol in a suspect’s bloodstream does not in and of itself create an exigent circumstance:
The question presented here is whether the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment’s warrant requirement for nonconsensual blood testing in all drunk-driving cases.
Automobile exception to warrant requirement — probable cause to search for open intoxicants
State v. Kenneth F. Johnston, 2012AP2427-CR, District 3, 4/16/13; court of appeals decision (1-judge, ineligible for publication); case activity
The search of Johnston’s car was supported by probable cause to believe there were open intoxicants in the car:
¶17 In this case, before [Officer] Wojcik searched the vehicle for open intoxicants, Wojcik smelled the odor of intoxicants emanating from the driver-side door. Wojcik knew, based on Johnston’s preliminary breath test,
Terry stop — reasonableness of length of detention. Arrest — probable cause. Newly discovered evidence. Ineffective assistance of counsel.
State v. Alvernest Floyd Kennedy, 2012AP523-CR, District 1, 4/9/13, court of appeals decision (not recommended for publication), petition for review granted 2/19/14, affirmed, 2014 WI 132; case activity
Terry stop — reasonableness of length of detention; arrest –probable cause
Kennedy was the driver of a car that struck a pedestrian. (¶¶3-5). After about 30 minutes on the scene investigating the incident,
Automobile exception to warrant requirement — probable cause to search trunk based on evidence found in passenger compartment
State v. Andrew Alexander Jackson, Jr., 2013 WI App 66; case activity
The circuit court erred in suppressing marijuana found in the trunk of Jackson’s car because there was probable cause to search the trunk based on the discovery of marijuana residue, $1,961 in cash, and a digital scale in the passenger compartment of the car:
¶10 Like in [United States v.] Ross,
Arrest – police officer acting outside his jurisdiction under § 66.0313(2)
State v. Michael E. Zinke, 2012AP2087-CR, District 4, 4/4/13; court of appeals decision (1-judge, ineligible for publication); case activity
The stop and arrest of Zinke by a police officer well outside his jurisdiction was proper under a mutual aid statute, § 66.0313(2), even though the officer was “miles away” from his jurisdiction and initiated contact with the agency that had jurisdiction.
These are the facts: A Village of Westfield police officer was traveling on a county highway in Marquette County when he observed a vehicle repeatedly deviating from its designated lane.