On Point: 35. Search & Seizure

State v. Paul J. Mayek, 2012AP398-CR, District 3, 8/21/12

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

¶8        Although we have concluded Rasmussen did not seize Mayek until after he approached Mayek’s vehicle, it is impossible to tell from Rasmussen’s testimony precisely when the seizure occurred.  Neither the parties, nor the circuit court, appear to have given serious consideration to the issue.  Rasmussen was not questioned about what took place after he approached Mayek’s vehicle.  

Village of Oregon v. Jeremy Florin, 2011AP1708, District 4, 8/16/12

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

Suspected of drunk driving, Florin was followed by a police officer to his home, ignored the officer’s command to stop, and went inside via an open garage. The officer entered the still-open garage, knocked on the door to the home, induced Florin outside and eventually arrested him for drunk driving.

Village of Jackson v. John W. Hespe, 2012AP680-FT, District 2, 8/15/12

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

“Unsafe,” but not necessarily “illegal” rate of speed supported traffic stop, State v. Anagnos, 2012 WI 64, 341 Wis. 2d 576, 815 N.W.2d 675, followed:

¶6        Here, Hespe contends that while the court found that his speed was not normal,

State v. Johnnie Austin, 2011AP2953-CR, District 1, 8/14/12

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

Continued detention of Austin, following an indisputably proper stop for illegal parking, was supported by reasonable suspicion:

¶14      This court disagrees; the trial court properly found Officer Tisher’s continued detention of Austin reasonable.  If, during a valid traffic stop, an officer becomes reasonably suspicious of an individual,

State v. Craig R. Moss, 2012AP259-CR, District 3, 8/14/12

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

Terry stop of Moss’s car supported by reasonable suspicion of involvement in drug activity:

¶10      While patrolling a high crime area in the middle of the night, Steffens observed a vehicle stop briefly in front of a known drug house.  When the vehicle observed Steffens’ squad car,

State v. Michael P. Green, 2011AP2137-CR, District 2, 8/8/12

court of appeals decision (1-judge, not for publication); case activity

Traffic stop, based on report by gas station attendant of suspected drunk driver, was sufficiently reliable to support investigatory stop.

¶10      This court has previously held that a tip shows sufficient indicia of reliability to justify an investigative stop when the informant identifies himself or herself to the dispatcher,

seventh circuit court of appeals decision

Habeas Review – IAC/Suppression Claim, Generally 

Under Strickland, Rann must show that his counsel’s performance was deficient and that the deficient performance prejudiced his defense. Grosshans, 424 F.3d at 590 (citing Strickland, 466 U.S. at 687). When reviewing claims of ineffective assistance of counsel in habeas petitions, however, we must honor any reasonable state court decision,

State v. Jason M. Jacobs, 2012 WI App 104 (recommended for publication); case activity

Search & Seizure – Consent – Blood Draw

Following a fatal traffic accident, Jacobs performed field sobriety tests well enough that he wasn’t placed under arrest, but he was asked to submit to a blood draw. Jacobs called his attorney, who advised him not to consent to the draw, but Jacobs nonetheless agreed to go to the hospital with an officer to have a blood test.

State v. Paul H. Olson, 2011AP1728-CR, District 4, 7/26/12

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

¶11      Although Officer Welker did not observe Olson commit any traffic violations, the other facts known to Officer Welker at the time he initiated questioning demonstrate that he had reasonable suspicion to justify the investigatory stop.  The incident took place at 11:30 p.m.  “The hour of the day may … be relevant in that the individual’s activities may or may not be consistent with the typical behavior of law-abiding citizens at that time.”  State v.

State v. Nick E. Sammon, District 2, 2011AP682-CR, 7/25/12

court of appeals decision (not recommended for publication); case activity

Search Warrant – Erroneous Information in Application

A detective’s application for a search warrant of Sammons’ residence asserted that Sammons had been convicted in Texas for drug and burglary offenses (in fact, both had been dismissed after deferred adjudication of guilt). The assertions in the warrant application were based on the NCIC database,