On Point blog, page 2 of 2

State v. Little A. Stewart, 2011 WI App 152

court of appeals decision (recommended for publication); for Little: Jeffrey W. Jensen; case activity

Probable Cause to Arrest 

¶14      In Stewart’s case, the pertinent facts are:

•           On March 10, 2009, a reliable confidential informant told Agent Gray that one of the people who had been arrested with Alderman McGee was going to be bringing cocaine to Milwaukee.  After Gray obtained the names and photographs of individuals who had been arrested in Alderman McGee’s case and showed them to the informant,

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Search Incident to Arrest – Automobile, Probable Cause to Search

State v. Cindy R. Billips, 2009AP2493-CR, District 2, 10/5/11

court of appeals decision (1-judge, not for publication); for Billips: Timothy R. Muth, Amy Lynn MacArdy; case activity

Following OWI arrest supported by probable cause, the officer was authorized to search the vehicle for evidence relevant to the OWI arrest:

¶9        Here, it was reasonable for Kinservik to believe that further evidence related to Billips’ OWI arrest might be found in the vehicle.  

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Traffic Stop – Tail Lamp Violation

State v. Laurence Evan Olson, 2010AP149-CR, District 4, 8/5/10

court of appeals decision (1-judge, not for publication); for Olson: Christopher W. Dyer; BiC; Resp.; Reply

¶11      WISCONSIN STAT. § 347.13(1) provides that “[n]o vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated on a highway during hours of darkness unless both such lamps are in good working order.” WISCONSIN STAT. 

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State v. Gordon J. Schlapper, 2009AP2660-CR, District III

court of appeals decision (1-judge; not for publication); for Schlapper: Owen R. Williams; BiC; Resp.; Reply

Probable Cause Based Search of Car, After Arrest of Passenger
Police had probable cause to search car, after passenger threw marijuana out window; search-incident limitations imposed by Arizona v. Gant therefore inapplicable.

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