On Point: 35. Search & Seizure

court of appeals decision (1-judge, not for publication); for Thomas: John M. Carroll; case activity

Traffic Stop – Duration 

¶8        Thomas argues Schellinger lacked reasonable suspicion to extend the traffic stop because the only fact supporting Schellinger’s belief that Thomas was operating while intoxicated was the odor of intoxicants.  Thomas asserts the odor of intoxicants does not, by itself, constitute reasonable suspicion that a driver is operating while intoxicated.  

State v. Douglas Meier Williams, 2012 WI 59, on review of court of appeals certification request; for Williams:  Stephen P. Hurley, Dean A. Strang, Marcus J. Berghahn, Jonas B. Bednarek; case activity

Wis. Stat. § 757.69(1)(b), giving circuit court commissioners authority to issue search warrants, is constitutional.

¶3   Throughout Wisconsin’s history, including before the ratification of the Wisconsin Constitution, non-judges have been authorized by statute to issue search warrants.  

State v. Susan C. Macho, 2011AP1841-CR, District 2, 5/23/12

court of appeals decision (1-judge, not for publication); for Macho: Leonard G. Adent; case activity

¶8        In this case, Edwards’ actions in pulling up behind Macho and shining his spotlight into her car did not amount to a “show of authority sufficient to effect a seizure.”  Young, 294 Wis. 2d 1, ¶65 n.18.  

State v. James Ralph Whitwell, 2011AP1342-CR, District 3/4, 5/24/12

court of appeals decision (not recommended for publication); for Whitwell: Jefren E. Olsen, Chandra N. Harvey, SPD, Madison Appellate; case activity

Whitwell challenges a warrantless blood draw, on related grounds: he objected at the time, informing officials that he suffered from a medical condition that made the draw dangerous absent certain precautionary measures; this objection to the draw was objectively reasonable. 

on review of unpublished court of appeals decision; for Gracia: Tracey A. Wood; case activity

Warrantless Entry – Community Caretaker / OWI Enhancer – Collateral Attack 

Issues (Composed by On Point): 

Whether the community caretaker doctrine supported entry into Gracia’s bedroom after the police linked him to a serious traffic accident.

Whether Gracia’s waiver of counsel in a prior OWI conviction used as a penalty enhancer was valid,

State v. Joel R. Medrow, 2011AP2314, District 1, 5/15/12

court of appeals decision (1-judge, not for publication); for Medrow: Chad A. Kanning; case activity

An anonymous call to the police reported that the caller had followed a possibly impaired driver who had turned parked in the front parking lot of the Cudahy Police Department; the report included the vehicle’s license plate number. The court concludes that, upon seeing Medrow just outside that vehicle,

County of Waukesha v. Thomas C. Groshek, 2011AP001371, District 2/4, 5/3/12

court of appeals decision (1-judge, not for publication); for Groshek: Thomas C. Simon; case activity

¶7        Deputy Smith was dispatched to a semi-rural area to investigate a report  that a motorcycle had been involved in an accident at approximately 1:30 a.m., around “bar time,” in the vicinity of a bar.  Smith was advised that following the accident,

State v. John E. Meddaugh, 2011AP237-CR, District 1, 5/1/12

court of appeals decision (1-judge; not for publication); for Meddaugh: Theodore Perlick Molinari; case activity

¶9        Based on the totality of the circumstances, we agree with the circuit court that Sturino put forth specific, articulable facts which warranted the stop when considered with the inferences from those facts.  Sturino testified that shortly after hearing tires screech, he observed Meddaugh’s vehicle “fishtail.”  Fishtailing,

State v. Timothy D. Moseley, 2011AP892-CR, District 1, 5/1/12 

court of appeals decision (not recommended for publication); for Moseley: Michael J. Steinle; case activity

Moseley’s contention, that he qualified his written consent to search with an oral limitation, was rejected by the trial court as a matter of credibility; that finding of fact is now affirmed:

¶18      The trial court is in the best position to judge the credibility of witnesses.  

State v. Michael L. Frank, 2011AP2306, District 3, 4/10/12

court of appeals decision (1-judge, not for publication); for Frank: Robert A. Kennedy, Jr.; case activity

Information, provided by a 911 caller reporting observations about Frank’s erratic driving, provided a basis for a lawful stop.

17      In this case, we conclude that Judge lawfully stopped Frank based on Shatzer’s tip.[3]  A police officer may conduct a traffic stop if the officer has probable cause to believe a traffic violation has occurred or if the officer has reasonable suspicion,