On Point: B. Search warrants

State v. James G. Brereton, 2011 WI App 127 (recommended for publication); for Brereton: Matthew S. Pinix; case activity

After lawfully stopping Brereton, the police removed him from his car, towed it to a lot and then, after obtaining a warrant, attached a GPS tracking device. Ensuing monitoring led to information connecting Brereton to a crime. The court holds as follows:

• Fourth amendment concerns are implicated because the tracking device was placed inside the hood while the vehicle was in police possession and out of public view,¶8,

State v. Dimitrius Anagnos, 2011 WI App 118 (recommended for publication); for Anagnos: Barry S. Cohen; case activity; reversed, 2012 WI 64

Traffic Stop – No Turn Signal

Failure to use a turn signal where neither traffic nor pedestrians are present doesn’t support a traffic stop:

¶9        Wisconsin Stat. § 346.34(1)(b) states that a driver must use a turn signal “[i]n the event that any other traffic may be affected.”  The circuit court found that Anagnos did not violate this statute when he made a left turn without using his signal,

State v. Cathy Ann Currie, 2011AP322-CR, District 3, 7/19/11

court of appeals decision (1-judge, not for publication); for Currie: Jon Stanek; case activity

¶7        Lear testified he stopped Currie because he observed “a very large air freshener” hanging from her rearview mirror.  The court determined that any object hanging from a rearview mirror would obstruct a driver’s clear view through the front of the windshield.  The court also found Lear’s testimony about his observations credible.  

certification; for Williams: Jonas B. Bednarek; case activity; review granted, 8/31/11

Search Warrants: Court Commissioner Authority to Issue

We certify this appeal to the Wisconsin Supreme Court to decide whether court commissioners have the power to issue search warrants.  Although Wis. Stat. § 757.69(1)(b)[1] appears to grant that power to court commissioners, appellant Williams argues that the legislature may not confer that power by statute because the Wisconsin Constitution does not authorize the legislature to grant judicial powers to court commissioners.  

State v. Ryan Stefan Roberts, 2010AP2899, District 4, 6/30/11

court of appeals decision (1-judge, not for publication); for Roberts: Bruce J. Rosen, Susan C. Blesener; case activity

Request for preliminary breath test supported by probable cause, despite somewhat inconclusive field test results, in view of strong odor of alcohol emitted by Roberts along with his admission of drinking. County of Jefferson v. Renz,

State v. Charles L. Wendt, 2010AP2416, District 4, 6/23/11

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

“Momentary incursion” (or, “slight deviation”) into oncoming lane provided probable cause to stop motorist for violation of § 346.05. Having properly stopped Wendt, the officer had reasonable suspicion to administer field sobriety tests, given the odor of alcohol and latter’s “glassy and bloodshot eyes”: “obvious and classic”

State v. Brian T. St. Martin, 2011 WI 44, on certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; case activity

Consent to Search – Co-Tenant – Georgia v. Randolph

Georgia v. Randolph, 547 U.S. 103 (2006) holds that a physically present resident’s objection trumps a co-tenant’s consent to a warrantless search of a residence.

State v. Andrew R. Reierson, 2010AP596-CR, District 4, 4/28/11

court of appeals decision (1-judge, not for publication); for Reierson: John Smerlinski; case activity

The officer’s erroneous reading of Reierson’s license plate, causing the officer to wrongly believe that his registration had expired, nonetheless supported stop of the car under the good-faith rule.

¶11      We conclude the circuit court properly denied the motion to suppress because the officer had probable cause to stop Reierson for operating with an expired registration,

on petition for review of summary order; for Goss: Daniel J. Chapman; case activity

Issue (formulated by On Point:

Whether probable cause of intoxication to administer a preliminary breath test under § 343.303 was shown by the smell of alcohol on the driver along with four prior OWI convictions.

The catch: with 4 priors, Goss’s legal blood alcohol content limit would have been .02. Given that greatly reduced threshold,

Kenosha County v. Jodi A. Braune, 2010AP834, District 2, 3/9/11

court of appeals decision (1-judge, not for publication); for Braune: Theodore B. Kmiec, III; case activity

¶7        We hold that under the plain language of Wis. Stat. § 346.13(3), Braune’s deviation over the fog line was sufficient to establish probable cause that Braune committed a traffic violation.  When the deputy observed Braune’s conduct, he had probable cause that Braune did not drive “in the lane designated.”  See § 346.13(3).