On Point blog, page 19 of 35
Weaving within lane justified traffic stop
City of Tomah v. Steven Seward, 2014AP735, District 4, 9/25/14 (1-judge; ineligible for publication); case activity
Applying State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634, the court of appeals holds there was reasonable suspicion to stop Seward based on a police officer’s observations of his weaving within his lane of travel for about one mile at 11:34 p.m.
Extension of traffic stop was reasonable despite lack of evidence driver had used an intoxicant
State v. Julie A. Bilquist, 2014AP426-CR, District 3, 9/23/14 (1-judge; ineligible for publication); case activity
The totality of the circumstances justified extending Bilquist’s detention to investigate whether she was driving while intoxicated despite the lack of indicia—e.g., odor of an intoxicant; glossy, bloodshot eyes; slurred speech—suggesting she had consumed an intoxicant.
Court of appeals sidesteps constitutionality of “community caretaker preliminary breath test” and decides McNeely issue before SCOW
State v. Walter J. Kugler, 2014AP220, District 2, 9/17/14 (one-judge opinion, ineligible for publication); case activity
Kugler challenged his first OWI conviction by arguing that the state trooper who stopped him did not have the requisite probable cause and improperly requested, as a community caretaker, that he submit to a PBT (which he refused). The court of appeals reframed the issue as whether the trooper had reasonable suspicion of an OWI when he detained Kugler for field sobriety tests. You can guess the result. The court of appeals also rushed ahead to decide a McNeely issue that the Wisconsin Supreme Court is literally poised to decide.
Analysis of blood drawn without warrant before–but tested after–McNeely held admissible
State v. Andrew J. Kuster, 2014AP109-CR, District 2, 9/17/14 (one-judge opinion, ineligible for publication); case activity
This seemingly run-of-the-mill OWI appeal has an interesting little wrinkle. The police conducted a warrantless blood draw on Kuster before SCOTUS decided Missouri v. McNeely, 569 U.S.__, 133 S.Ct. 1552 (2013), but they didn’t have the blood tested until after the decision came out. This sequence of events did not trouble the court of appeals because it views the seizure and subsequent analysis of a person’s blood as a single event.
Police had reasonable suspicion to prolong stop and conduct protective sweep
State v. Elisa Estrada, 2013AP2803-CR, District 2, (not recommended for publication); case activity
Estrada did not challenge the legality of the law enforcement’s decision to stop her vehicle for a traffic violation. Her appeal focused on the decision to extend the stop longer than necessary to address a suspended registration in order to investigate a robbery that had occurred about 50 minutes earlier. She highlighted weaknesses in the facts cited to show reasonable suspicion, but the court of appeals found them plenty strong enough.
Officer reasonably assumed that the car’s owner was driving
State v. Travis Daniel Thom, 2014AP613-CR, District 3, 9/9/14 (1-judge; ineligible for publication); case activity
A police officer reasonably assumed a car was being driven by the owner where there was no additional information suggesting someone else was driving.
Police had reasonable basis to stop car for failing to signal
State v. Deborah K. Salzwedel, 2014AP301-CR, District 4, 9/4/14 (1-judge; ineligible for publication); case activity
The circuit court’s finding that Salzwedel’s act of turning without signaling affected the movement of other traffic was not clearly erroneous, and therefore the officer had a reasonable basis to stop Salzwedel for violating § 346.34(1)(b).
Police had sufficient basis to request PBT
State v. Jeanmarie Carini, 2014AP526-CR, District 2, 8/27/14 (1-judge; ineligible for publication); case activity
There was reasonable cause to believe Carini was driving while impaired and therefore police properly asked her to submit to a preliminary breath test.
Police had probable cause to arrest driver for OWI
State v. Robert J. Kowalis, 2014AP258, District 2, 8/6/14 (1-judge; ineligible for publication); case activity
The circuit court’s refusal finding under § 343.305(9) is upheld because the officer had probable cause to arrest Kowalis for operating while intoxicated.
Trial court properly reopened case to take additional evidence regarding tip that led to stop of intoxicated driver
City of Bloomer v. James S. Frank, 2013AP2597, District 3, 8/5/14 (1-judge; ineligible for publication); case activity
The circuit court didn’t erroneously exercise its discretion in reopening suppression hearing to take additional evidence in the form of dispatch recordings which the city tried, but failed, to obtain before the suppression hearing in the case.