On Point: 35. Search & Seizure

State v. Randall Lee Sugden, 2012AP408-CR, District 4, 10/15/12

court of appeals decision (1-judge, ineligible for publication); case activity

Arrest in Richland County by a Sauk County deputy sheriff was justified under the fresh pursuit doctrine, § 175.40(2). State v. Haynes, 2001 WI App 266, 248 Wis. 2d 724, 638 N.W.2d 82, discussed and applied:

¶12      Applying Haynes to the facts of this case,

State v. Jan P. Hogan, 2012AP966-CR, District 4, 10/25/12

court of appeals decision (1-judge, ineligible for publication); case activity

Reasonable suspicion supported stop of car displaying “dealer imitation” plate (i.e., failing to display permanent or temporary plate in violation of § 341.04(1)). State v. Griffin, 183 Wis. 2d 327, 333, 515 N.W.2d 535 (Ct. App. 1994) (OK to stop car with “license applied for”

State v. Marilee F. Devries, 2012 WI App 119 (recommended for publication); case activity

Devries’ probation agent, after detecting alcohol on her breath during a visit at the probation office, had a law enforcement officer administer a preliminary breath test. One thing led to another and she was convicted of OWI. She challenges the PBT as a police, rather than probation, search because the probation officer wasn’t involved in the test,

State v. Terry E. Nelson, 2012AP1418-CR, District 3, 10/23/12

court of appeals decision (1-judge, ineligible for publication); case activity

Reasonable suspicion supported stop of vehicle pulling out of driveway of house from which, shortly before, someone had called 911 but then hung up. United States v. Cohen, 481 F.3d 896 (6th Cir. 2007) (“the virtually complete lack of information conveyed by the silent 911 hang-up call and the total absence of corroborating evidence indicating that criminal activity was afoot requires us to give the 911 hang-up call little weight in evaluating the totality of the circumstances”),

City of Sheboygan v. Herbert Binkowsky, 2012AP974, District 2, 10/17/12

court of appeals decision (1-judge, ineligible for publication); case activity

An anonymous call to the police, reporting the commission of domestic violence by a suspect who drove away in a red Cadillac with an identified plate number, was sufficiently corroborated to support a stop of a car matching the description.

¶13      “[I]f a tip contains strong indicia of an informant’s basis of knowledge,

State v. Robert M. Schmitt, 2012 WI App 121 (recommended for publication); case activity

Although “the summons, complaint and the supporting affidavit must each be authenticated as a condition of personal jurisdiction when commencing a forfeiture action,” ¶1,  an authentication defect attributable to a clerk’s error is merely technical and doesn’t impair jurisdiction.

¶4        In Schmitt’s case, the first page of the summons and the first page of the complaint were each authenticated,

State v. Pamela L. Hammersley, 2012AP1131-CR, District 2, 9/26/12

court of appeals decision (1-judge, ineligible for publication); case activity

Stop of vehicle, assertedly for violating local trespassing ordinance, held not supportable:

¶3        It is settled law that a stop cannot be based on an officer’s mistaken understanding of the law.  State v. Longcore, 226 Wis. 2d 1, 3-4, 594 N.W.2d 412 (Ct.

State v. Timothy W. Bastian, 2012AP793-CR, District 3, 9/25/12

court of appeals decision (1-judge, ineligible for publication); case activity

 The court holds, without resolving the issue of whether reasonable suspicion sufficed, that probable cause supported Bastian’s traffic stop for inattentive driving, given “the circuit court’s factual determination that Bastian was ‘looking towards the passenger seat’”:

¶10      Wisconsin Stat. § 346.89, titled “Inattentive driving,” provides in relevant part:  “No person while driving a motor vehicle shall be so engaged or occupied as to interfere with the safe driving of such vehicle.”  Wis.

Question Presented:

Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream.

Docket

Lower court opinion (State v. McNeely, 358 S.W.3d 65 (Mo. Banc 2012))

Scotusblog page

Does the evanescent quality of alcohol (or any metabolized substance,

State v. William R. Hartman, 2011AP622, District 4, 9/20/12

court of appeals decision (1-judge, ineligible for publication); case activity

OWI – Refusal Hearing – Raising Challenge to Lawfulness of Stop

Refusal hearing supports litigation of lawfulness of stop; State v. Anagnos, 2012 WI 64, ¶42, 341 Wis. 2d 576, 815 N.W.2d 675, followed:

 ¶14      Accordingly, we reject the State’s contention that Hartman improperly raised the issue of reasonable suspicion at the refusal hearing.