On Point: B. Search warrants

State v. Timothy W. Bastian, 2012AP793-CR, District 3, 9/25/12

court of appeals decision (1-judge, ineligible for publication); case activity

 The court holds, without resolving the issue of whether reasonable suspicion sufficed, that probable cause supported Bastian’s traffic stop for inattentive driving, given “the circuit court’s factual determination that Bastian was ‘looking towards the passenger seat’”:

¶10      Wisconsin Stat. § 346.89, titled “Inattentive driving,” provides in relevant part:  “No person while driving a motor vehicle shall be so engaged or occupied as to interfere with the safe driving of such vehicle.”  Wis.

State v. Portia M. Meyer, 2012AP206-CR, District 4, 9/20/12

court of appeals decision (1-judge, ineligible for publication); case activity

Assuming that the police placed Meyer under arrest when handcuffing her and placing her in the back of a squad car following a traffic accident, they had probable cause to do so for failure to yield right-of-way:

¶8        Police may arrest a person without a warrant for “the violation of a traffic regulation if the traffic officer has reasonable grounds to believe that the person is violating or has violated a traffic regulation.”[2]  Wis.

State v. Christopher J. Felton, 2012 WI App 114 (recommended for publication); case activity

Search & Seizure – PBT – Probable Cause 

Notwithstanding that Felton passed field sobriety tests, probable cause existed to administer a preliminary breath test.

¶8        This section does not require that the officer have probable cause to arrest a driver for drunk driving before giving that driver a preliminary-breath test. 

State v. Nick E. Sammon, District 2, 2011AP682-CR, 7/25/12

court of appeals decision (not recommended for publication); case activity

Search Warrant – Erroneous Information in Application

A detective’s application for a search warrant of Sammons’ residence asserted that Sammons had been convicted in Texas for drug and burglary offenses (in fact, both had been dismissed after deferred adjudication of guilt). The assertions in the warrant application were based on the NCIC database,

State v. Matthew Owen Hoff, Jr., 2011AP2096-CR, District 3, 6/26/12

court of appeals decision (1-judge, ineligible for publication); case activity

¶19      Here, before arresting Hoff, Gostovich observed him sleeping behind the wheel of a running car that was parked horizontally against the vertical parking stalls.  Hoff did not awake to Gostovich’s shouting or knocking.  When he finally awoke, he was disorientated and confused, and that disorientation “did not dissipate.”  Hoff’s speech was slowed,

Question Presented (from cert petition):

Whether, pursuant to Michigan v. Summers, 452 U.S. 692 (1981), police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed.

Docket

Lower court decision (652 F.3d 197 2nd Cir 2011)

Scotusblog page

Police getting ready to execute a search warrant saw Bailey leave the residence,

court of appeals decision (1-judge, not for publication); for Anderson: Dennis M. Melowski, Chad A Lanning; case activity

Traffic Stop 

Probable cause found to support stop for unsafe lane deviation, § 346.13(1).

¶12      Here, DeNovi testified that, while traveling in a group of three vehicles, he observed Anderson’s vehicle drift into the outside lane for approximately 100 yards and then swerve back to the inside lane.  

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.  

court of appeals decision; for Brereton: Matthew S. Pinix; case activity; prior post

Search & Seizure – GPS Device – Warrant 

Issues (Composed by On Point): 

Whether the police illegally seized Brereton’s car, so as to taint a subsequently issued warrant for installation of a GPS tracking device on it; or, whether tracking was unreasonable under U.S. v. Jones,

Town of Mukwonago v. John J. Uttke, 2011AP2021, District 2, 1/18/12

court of appeals decision (1-judge, not for publication); for Uttke: Michael C. Witt; case activity

Uttke’s driver’s license was revoked for refusal to submit to a blood test upon OWI arrest, and he requested a “refusal hearing,” unsuccessfully challenging the existence of probable cause to arrest, § 343.305(9). The court of appeals affirms:

¶9        We first address whether Officer Heckman had probable cause to arrest Uttke.