On Point blog, page 1 of 28

COA holds that exclusionary rule does not apply to evidence of defendant’s flight from police after traffic stop was allegedly unlawfully extended.

State of Wisconsin v. Alsherrife Mire, 2024AP2481-CR, 2/4/26, District II (recommended for publication); case activity

In a decision recommended for publication, the COA affirmed the circuit court’s order denying the defendant’s motion to suppress the fruits of his allegedly unlawfully extended traffic stop because evidence of his flight from police was not derived from the stop.

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COA affirms circuit court’s finding of reasonable suspicion for traffic stop resulting in OWI 3rd

State v. Troy A. Wry, 2023AP561, 2/3/26, District III (ineligible for publication); case activity

Wry appeals his conviction for OWI 3rd, arguing the circuit court erred by denying his motion to suppress evidence because law enforcement lacked reasonable suspicion that Wry had committed, or was committing, an offense sufficient to conduct an investigatory stop of his vehicle. COA affirms.

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COA affirms traffic stop for reasonable suspicion of noise ordinance violation

State v. Jacobe Michael Gimmel, 2025AP1037 & 2025AP1537, 1/29/26, District IV (ineligible for publication); case activity

Gimmel appeals his conviction for OWI 2nd and the revocation of his driver’s license for refusing a chemical test. The sole issue in the consolidated appeal is whether the officer who stopped Gimmel had reasonable suspicion to do so. COA affirms, concluding the officer had reasonable suspicion that Gimmel had violated a local noise ordinance.

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COA: OWI suspect was not under arrest when transported to police station to perform field sobriety tests.

State of Wisconsin v. Brenda L. Roszina, 2024AP898, 1/13/26, District I (ineligible for publication); case activity

COA affirms the circuit court’s order denying the defendant’s motion to suppress the fruits of field sobriety tests because the investigatory stop did not ripen into an arrest without probable cause when police transported the defendant from a parking lot to the police station one mile away to perform the tests.

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COA expresses skepticism about window tint argument and upholds OWI stop

State v. Joseph M. Heroff,  2025AP684-CR, 12/23/25, District II (ineligible for publication); case activity

COA applies general reasonable suspicion principles to uphold a stop based on overly dark tint, holding that the officer’s testimony was sufficient and that he did not need to articulate any specific expertise as to the legal tint percentage.

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SCOTUS stays district court’s order preventing ICE agents from making investigatory stops without individualized reasonable suspicion

Noem v. Perdomo, USSC No. 25A169, 9/8/2025, Scotusblog page

SCOTUS stayed a district court’s order enjoining immigration agents from conducting stops in the Los Angeles area unless the agent has reasonable suspicion that the person stopped is within the United States in violation of immigration law.

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COA holds that driver’s odor of alcohol and prior conviction for OWI provides reasonable suspicion to extend traffic stop

State v. Peter Joseph Idell, 2024AP2230, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity

The COA holds that an odor of intoxicants and the driver’s 2009 conviction for OWI established reasonable suspicion to extend stop for expired license plates to investigate OWI.

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COA affirms PAC conviction, concludes officer had reasonable suspicion to extend traffic stop for FSTs

City of West Bend v. Logan Patrick Lang, 2024AP2559, District II, 6/4/25 (one-judge decision; ineligible for publication); case activity

COA affirms the circuit court’s order denying Lang’s suppression motion. Lang did not challenge the initial stop, but argued that the officer lacked reasonable suspicion to extend the stop for field sobriety tests.

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Seventh Circuit remands for new trial as to whether MPD officers conducted illegal stop and frisk

Isaiah Taylor v. Justin Schwarzhuber, No. 23-3151, 3/17/25

In a rare win, Taylor will have another chance to prove that MPD officers violated his rights when they seized him while he was out delivering a Christmas turkey to a friend.

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COA concludes investigative stop was valid in OWI decision recommended for publication

State v. Jody William Solom, 2024AP691-CR, 3/19/25, District II (recommended for publication), case activity

Solom appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI), sixth offense. He asserts the investigative stop was unlawful and should have been suppression. COA disagrees and affirms.

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