On Point: 35. Search & Seizure

State v. Troy L. Cameron, 2012 WI App 93 (recommended for publication); case activity

Prosecutorial Vindictiveness – Neither Presumptive or Actual for Increased Charges Following Rejected Plea Offer 

Cameron failed to establish prosecutorial vindictiveness in the filing of an amended information containing additional charges, after he rejected a plea offer to the original information. State v. Johnson, 2000 WI 12, 232 Wis.

Dane County v. Amy Jolene Judd, 2011AP2106, District 4, 7/19/12

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

Reasonable suspicion supported temporary stop, State v. Meye, 2010AP336-CR, unpublished slip op. (WI App July 14, 2010) (“odor of intoxicants alone is insufficient to raise reasonable suspicion to make an investigatory stop”), distinguished:

¶7        I disagree that Meye is analogous to the present case.  

State v. Diane C. Parker, 2012AP245-CR, District 4, 7/12/12

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

 ¶13      Applying these standards to the facts here, this court agrees with the circuit court that the deputy reasonably suspected Parker of criminal activity.  In particular, this court focuses on the following facts as supporting reasonable suspicion:  Parker’s vehicle pulled into a closed tire repair shop in the middle of the night;

State v. Dimitrius Anagnos, 2012 WI 64, reversing 2011 WI App 118; case activity

OWI – Refusal Hearing – Authority to Litigate Constitutionality of Traffic Stop 

Constitutionality of the traffic stop  may be raised as a defense at a refusal hearing, § 343.305(9)(a)5.a.

¶29  In this case, the relevant portion of the statute is found in sub. (9)(a)5.a.  That subsection permits circuit courts to consider “[w]hether the officer had probable cause to believe the person was driving or operating a motor vehicle while under the influence of alcohol . 

State v. Matthew Owen Hoff, Jr., 2011AP2096-CR, District 3, 6/26/12

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

¶19      Here, before arresting Hoff, Gostovich observed him sleeping behind the wheel of a running car that was parked horizontally against the vertical parking stalls.  Hoff did not awake to Gostovich’s shouting or knocking.  When he finally awoke, he was disorientated and confused, and that disorientation “did not dissipate.”  Hoff’s speech was slowed,

State v. Joseph C. Miller, 2012 WI 61, affirming summary order; case activity

¶5   We conclude that under the totality of the circumstances police acted reasonably when they conducted an investigatory stop of the vehicle that Miller was driving based on reasonable suspicion “that criminal activity may be afoot.”[5]  We are confident that police had the requisite reasonable suspicion primarily based on the reliability of the final informant and the information provided by him.  

Wisconsin State v. Tally Ann Rowan, 2012 WI 60, on certification review ; case activity

Extended Supervision Conditions – Suspicionless Searches 

A condition of extended supervision “that allows any law enforcement officer to search [Tally]’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion,” was tailored to the particular facts and thus neither overbroad nor unrelated to Tally’s rehabilitative needs.

on review of published decision; for: Sobczak: Andrew Hinckel, SPD, Madison Appellate; case activity

Third-Party Consent 

Issues (Composed by On Point): 

Whether Sobczak’s girlfriend, a non-resident guest in his parents’ home, had authority to consent to police entry into the home and to search and seizure of Sobczak’s laptop.

A mere guest ordinarily may not consent to a search of the home,

Question Presented (from cert petition):

Whether, pursuant to Michigan v. Summers, 452 U.S. 692 (1981), police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed.

Docket

Lower court decision (652 F.3d 197 2nd Cir 2011)

Scotusblog page

Police getting ready to execute a search warrant saw Bailey leave the residence,

court of appeals decision (1-judge, not for publication); for Anderson: Dennis M. Melowski, Chad A Lanning; case activity

Traffic Stop 

Probable cause found to support stop for unsafe lane deviation, § 346.13(1).

¶12      Here, DeNovi testified that, while traveling in a group of three vehicles, he observed Anderson’s vehicle drift into the outside lane for approximately 100 yards and then swerve back to the inside lane.