On Point blog, page 99 of 141
Reasonable Suspicion – Traffic Stop; OWI – Habitual Offender – Collateral Attack
State v. Randall L. Wegener, 2010AP452-CR, District 1, 8/18/10
court of appeals decision (1-judge, not for publication); for Wegener: Kirk B. Obear; BiC; Resp.
Reasonable Suspicion – Traffic Stop
Inclement winter weather didn’t obviate the need to stay within the proper lane, such that crossing the center line, even briefly a few times, provided reasonable suspicion to perform a traffic stop.
¶6 Wegener argues that Fabry did not have reasonable suspicion to conduct a traffic stop because he was driving appropriately for part of the time he was followed and blames his lack of control of his vehicle on the snowy weather conditions.
Reasonable Suspicion – Guzy Factors
State v. Steve J. Will, 2010AP723-CR, District 4, 8/12/10
court of appeals decision (1-judge, not for publication); for Will: Mark Eisenberg; BiC; Resp.; Reply
Reasonable suspicion to stop Will’s truck is supported under the multi-factor test of State v. Guzy, 139 Wis. 2d 663, 407 N.W.2d 548 (1987): while authorities were monitoring a marijuana field an alarm was set off,
Traffic Stop – No Wisconsin DL; Duration of Stop
State v. James Casas Klausen, 2009AP2268, District 4, 8/12/10
court of appeals decision (1-judge, not for publication); for Klausen: Tracey A. Wood; BiC; Resp.
Traffic Stop – No Wisconsin DL
Wisconsin law “contemplates that a person with a valid out-of-state driver’s license who becomes a Wisconsin resident has sixty days, after becoming a Wisconsin resident, to apply for a Wisconsin license,” ¶6.
Reasonable Suspicion – Informant Reliability
State v. Glenn L. Earhart, 2010AP348-CR, District 3, 8/10/10
court of appeals decision (1-judge, not for publication); for Earhart: Patrick J. Stangl; BiC; Resp.; Reply
Reasonable Suspicion – Informant Reliability
Authorities were under no obligation to check into a citizen-informant’s criminal record before acting on the information she related.
¶9 Earhart argues Kistner unreasonably relied on Hitchon’s report because she was a known criminal.
State v. Troy Edward Lang, 2009AP2087-CR, District 1, 8/10/10
court of appeals decision (3-judge, not recommended for publication); for Lang: Mary D. Scholle, SPD, Milwaukee Appellate; BiC; Resp.; Reply
Search Warrant – Probable Cause
Affidavit by a detective, containing statements made by a recently arrested “informant” who said that “Troy” at the target residence had traded him cocaine for stolen property, supplied probable cause for the warrant application. The informant’s reliability was established by:
- statement’s against-interest nature;
Traffic Stop – Tail Lamp Violation
State v. Laurence Evan Olson, 2010AP149-CR, District 4, 8/5/10
court of appeals decision (1-judge, not for publication); for Olson: Christopher W. Dyer; BiC; Resp.; Reply
¶11 WISCONSIN STAT. § 347.13(1) provides that “[n]o vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated on a highway during hours of darkness unless both such lamps are in good working order.” WISCONSIN STAT.
Field Sobriety Testing
State v. Eric Michael Webley, No. 2010AP747-CR, District 4, 7/29/10
court of appeals decision (1-judge, not for publication); for Webley: Steven Cohen; BiC; Resp.
The police had reasonable suspicion believe Webley was driving with a blood alcohol level exceeding 0.02, and thus to perform field sobriety tests, after an indisputably proper stop for speeding, given the following (in addition to which, Webley admitted having had two beers):
¶8 …
Traffic Stop – Lane Violation
State v. Kevin A. Rhyne, No. 2009AP163, District 4, 7/29/10
court of appeals decision (1-judge, not for publication); pro se; Resp. Br.
¶7 “An officer may conduct a traffic stop when he or she has probable cause to believe a traffic violation has occurred.” State v. Popke, 2009 WI 37, ¶13, 317 Wis. 2d 118, 765 N.W.2d 569 (citing State v.
State v. Brian T. St. Martin, No. 2009AP1209-CR, District II, 7/28/10, review granted 10/27/10
certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; Resp.; Reply
Consent to Search – Georgia v. Randolph
The court of appeals certifies to the supreme court the following question:
Whether the rule regarding consent to search a shared dwelling in Georgia v. Randolph, 547 U.S. 103 (2006), which states that a warrantless search cannot be justified when a physically present resident expressly refuses consent,
Evidence / IAC: Comment on Refusal to Provide DNA; Instruction: Recording Policy Interrogation; Impeachment: Prior Convictions
State v. Tarence A. Banks, 2010 WI App 107; for Banks: Scott D. Obernberger; BiC; Resp.; Reply
Evidence – Comment on Refusal to Provide DNA – Ineffective Assistance
Prosecutorial use of Banks’ refusal, after arrest, to provide a warrantless DNA sample penalized him for exercising a constitutional right. Because no contemporaneous objection was made, the issue is raised as ineffective assistance of counsel,