On Point blog, page 1 of 4
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.
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.
COA issues first impression decision on constitutionality of warrant to search contents of smartphone, holds “the warrant must specify the particular items of evidence to be searched for and seized from the [smart]phone,” and its authorization must be “limited to the time period and information or other data for which probable cause has been properly established… in the warrant’s supporting affidavit”
State v. Emil L. Melssen, 2024AP1942-CR, 11/20/25, District IV (recommended for publication); case activity (including briefs)
Emil Melssen appeals from a judgment of conviction following a jury trial, in which he was convicted of possession of methamphetamine with intent to deliver and related charges. He argues that the evidence was insufficient to sustain his conviction and the circuit court erroneously denied his motion to suppress evidence obtained in the execution of two search warrants. COA rejects Melssen’s sufficiency argument, but concludes that the warrant to search his smartphone violated the Fourth Amendment because it was overbroad and not carefully tailored to its justifications. The court remands for a determination on the remedy.
COA affirms denial of suppression motion in OWI 3rd case based on concession
State v. Richard T. Weske, 2025AP154-CR, 11/5/25, District II (ineligible for publication); case activity
Weske appeals the circuit court’s denial of his motion to suppress evidence on the basis that the investigatory traffic stop constituted an unreasonable seizure because the officer was outside his jurisdiction and was therefore without authority to conduct the stop. COA affirms, concluding that the officer had reasonable suspicion to conduct a traffic stop for a suspected OWI, and Weske conceded that the officer had the authority to do so outside his jurisdiction under Wis. Stat. § 349.03(4).
COA holds blood draw results admissible under independent source doctrine
State v. Michael R. Meton, 2025AP141-CR, 8/27/25, District II (one-judge decision; ineligible for publication); case activity
Meton challenges the judgment convicting him of operating with a prohibited alcohol content, 2nd offense. He argues that the circuit court erred in denying his motion to suppress the blood result after police administered a preliminary breath test without first asking for his consent. COA agrees with the circuit court that suppression of the blood draw because police had independent grounds apart from the PBT to arrest Meton on suspicion of operating while intoxicated.
COA rejects “impermissible extension” challenge to traffic stop in OWI appeal
Fond du Lac County v. Andrew Joseph Ludwig, 2025AP183, 8/20/25, District II (one-judge decision; ineligible for publication); case activity
Ludwig appeals from a judgment convicting him of OWI 1st, and challenges the order denying his suppression motion. He contends that the sheriff deputies “unconstitutionally detain[ed him]” by failing to conduct the OWI investigation in a sufficiently diligent manner. COA disagrees and affirms.
COA reverses, holding deputy lacked probable cause to search truck under the automobile exception to the warrant requirement
State v. Jonah Michael Hoffman, 2024AP1221-CR, 4/24/25, District IV (1-judge decision, ineligible for publication); case activity
The sole issue on appeal is whether the deputy who arrested Hoffman had probable cause to search his truck for evidence of an open container. COA concludes that probable cause was lacking, and accordingly reverses and remands with directions that any evidence derived from the search be suppressed.
COA affirms OWI 2nd conviction, holding police had reasonable suspicion to extend traffic stop
State v. Danny Thomas McClain, Jr., 2024AP8, 4/8/25 District I (one-judge decision; ineligible for publication); case activity (including briefs)
COA affirms the circuit court’s order denying suppression of the evidence (field sobriety tests and preliminary breathalyzer tests), finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for additional criminal activity.
COA: Traffic stop not unreasonably prolonged by officer’s request for field sobriety tests
State v. Emily Anne Ertl, 2023AP234-CR, 2/18/25, District III (one-judge decision; ineligible for publication); case activity
Ertl appeals the denial of her motion to suppress on the ground that police impermissibly extended the scope of her initial detention when the officer asked her if she would consent to field sobriety tests. COA affirms, concluding that her detention was not unreasonably prolonged by law enforcement’s single request that she voluntarily submit to field sobriety tests.
Defense win! COA affirms suppression of evidence, concluding officer lacked reasonable suspicion for traffic stop
City of Platteville v. Travis Jon Knautz, 2024AP1291 & 1292, 12/5/24, District IV (1-judge decision, ineligible for publication); case activity
In this drunk driving forfeiture case, the city appeals an order granting Knautz’s motion to suppress all of the evidence that police obtained after an investigatory traffic stop. The COA affirms, concluding that the city failed to show that there was reasonable suspicion for the stop.