On Point blog, page 78 of 141
OWI — probable cause to arrest
State v. Amanda Kratochwill, 2012AP2076-CR, District 4, 2/14/13; court of appeals decision (1-judge; ineligible for publication); case activity
Police had probable cause to arrest Kratochwill for OWI where:
- Car was stopped for speeding (¶2);
- Upon approaching the car the officer noted a strong smell of intoxicants and an open beer in the front passenger cup holder (¶2);
- When told she was speeding,
Traffic stop – failure to stop for flashing red light
State v. Heather Tollefson, 2012AP1641-CR, District 4, 2/14/13; court of appeals decision (1-judge; ineligible for publication); case activity
A police officer had probable cause to stop Tollefson for failing to fully stop for a flashing red traffic light. The officer saw a red vehicle approach an intersection with flashing red lights in each direction. (¶3). A gray vehicle followed behind the red vehicle. (¶3). The red vehicle stopped before going through the intersection;
Traffic stop — probable cause to believe traffic law had been violated
City of Oshkosh v. Eric Carley, 2012AP2043, District 2, 2/13/13; court of appeals decision (1-judge; ineligible for publication); case activity
Police officer had probable cause to stop Carley after he saw Carley drive in the left lane to go around a turning vehicle, but did so within several car lengths of oncoming traffic before moving back into the right lane. (¶2). The officer’s observations gave him probable cause to stop Carley because he had reason to believe Carley had violated Wis.
Arrest and warrantless search of a home – no probable cause, exigent circumstances, community caretaker exception, or consent.
State v. Daniel Cervantes, 2011AP1858-CR, District 1, 2/12/13; court of appeals decision (not recommended for publication); case activity
The police lacked probable cause to arrest Cervantes when he opened the door of his apartment (¶¶10-16); there were neither exigent circumstances nor community caretaker grounds for the police to enter Cervantes’s apartment following his arrest to do a protective sweep (¶¶14-23); and his subsequent “consent” to search the apartment was not sufficiently attenuated from the illegal arrest and entries (¶¶24-30).
Terry stop — reasonable suspicion; DNA surcharge — exercise of discretion; sentence credit — time between revocation and return to prison
State v. Manuel R. Williams, 2012AP357-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity
Terry stop – reasonable suspicion
Police had reasonable suspicion to stop defendant where, based on suppression hearing testimony, circuit court found that: the officers were sent to a shooting in “a high risk area”; when police arrived, they noticed Williams because he had a big jacket on and was holding his hands in an “odd” way,
Denial of right to self-representation — competence to represent oneself; search and seizure — probable cause, automobile exception
State v. Robert L. Tatum, Case No. 2011AP2439-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity
Denial of right to self-representation – competence to represent oneself
The circuit court properly denied Tatum the right to represent himself based on his limited education and understanding of legal procedures, as evidenced by his statements and behavior in court. (¶13). While the circuit court found Tatum competent to proceed under Wis.
Traffic stop — no visible front license plate
State v. Kevin O’Connor, 2012AP1638-CR, District 2, 1/23/12; court of appeals decision (1-judge, ineligible for publication); case activity
Police lawfully stopped defendant because the vehicle he was driving did not have a visible front license plate. While there are exceptions to the statute requiring vehicles to display a front plate (Wis. Stat. § 341.15), the “great majority” of vehicles on the road are required to have a front plate.
Traffic stop – anonymous tip corroborated by officer’s observations
State v. Tamara Jo Potter, 2012AP1605-CR, District 3, 1/23/13; court of appeals decision (1-judge, ineligible for publication); case activity
Police lawfully stopped the defendant based on information from an anonymous tip that was corroborated by the officer’s observations. Minnesota police told Douglas County dispatch that it had received a tip of a “swerving” car heading into Superior. An officer in Superior located a car meeting the description and followed it.
Submission to squad car’s red-and-blue emergency lights is a “seizure”
State v. Brian A. Gottschalk, 2012AP2351, District III (not recommended for publication). Case activity.
Wow! Two decisions overruling the denial suppression motions in one day. In this case, the State charged the defendant with OWI and operating with a PAC, both as second offenses. The defendant moved for suppression of evidence on the grounds that the officer seized him without reasonable suspicion.
Evidence needed to establish reliability of drug-sniffing dog for purposes of determining probable cause
Florida v. Harris, USSC No. 11-817, 2/19/13
United States Supreme Court decision, overruling Harris v. Florida, 71 So. 3d 756 (2011)
In a unanimous decision addressing the question of when a drug-sniffing dog’s alert constitutes probable cause, the Supreme Court overturned the Florida Supreme Court’s requirement that the state produce records of the dog’s reliability in the field in order to support probable cause.