On Point blog, page 3 of 12
COA finds reasonable suspicion for drug investigation, FSTs; probable cause for arrest
County of Dunn v. Cashe L. Newville, 2018AP1167, 8/6/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
Newville was pulled over by a sheriff’s deputy who observed that, among other things, his license plate lamps weren’t working. An arrest on suspicion of operating under the influence of methamphetamine followed. The court of appeals blesses every step in the investigation that led to that arrest.
Challenges to search warrant rejected
State v. Andrew Anton Sabo, 2017AP2289-CR, District 1, 1/29/19 (not recommended for publication); case activity (including briefs)
Sabo challenges the search warrant that led to the seizure of evidence from his home, arguing that the affidavit in support of the warrant didn’t establish probable cause, that he is entitled to a Franks-Mann hearing because the affidavit contained false information, and that the identity of the citizen informant who was the source of much of the information in the affidavit should be disclosed because there are reasons to doubt the informant’s reliability and credibility. The court of appeals disagrees.
Challenges to arrest, search warrants rejected
State v. Eric R. Burrows, 2018AP770-CR, District 2, 12/26/18 (one-judge decision; ineligible for publication); case activity (including briefs)
Burrows sent threatening and harassing letters to E.W., arranged inflammatory and derogatory voicemail messages on her phone, and delivered a baby python to her apartment. He argues the police lacked probable cause to arrest him for stalking and to search his car and other property. The court of appeals disagrees.
Being slumped over in driver’s seat in running car with odor of intoxicants on breath, red and glassy eyes, slurred speech, unexplained injuries, slow movements created probable cause to arrest
State v. Michael E. Hale, 2018AP812, 11/8/18, District 1 (one-judge decision; ineligible for publication) case activity (including briefs)
Hale appeals the circuit court’s order that he unreasonably refused a chemical test; the only issue on appeal is whether the officer had probable cause.
Claim of ignition interlock didn’t negate probable cause for PBT
State v. Jesse J. Kain, 2018AP951, 10/17/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
Kain appeals his drunk driving conviction, arguing the officer that stopped him lacked the probable cause necessary to ask him to take a preliminary breath test. (See Cty. of Jefferson v. Renz, 231 Wis. 2d 293, 316, 603 N.W.2d 541 (1999).)
Court upholds convictions for multiple counts of sending unlawful emails, bail jumping
State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs)
Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions.
Court of appeals sees no ineffective assistance in not challenging phone-tracking warrant
State v. Brinkley L. Bridges, 2017AP2311-CR, 9/25/18, District 1 (not recommended for publication); case activity (including briefs)
Bridges pled to five felonies involving guns and drugs; the evidence against him was derived, in part, from a warrant police had obtained allowing them to track his cell phone. He argues counsel was ineffective for not challenging that warrant because the application didn’t show probable cause.
COA finds ample probable cause for PBT
State v. Jacqueline M. Datka, 2017AP1886, 4/18/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
Datka challenges the officer’s decision to ask for a preliminary breath test after she was stopped on suspicion of OWI.
Court of appeals affirms search warrant authorizing blood draw
State v. Ryan L. Schultz, 2017AP603-CR, 12/20/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs).
Schultz was convicted of operating a motor vehicle with a prohibited alcohol content 2nd offense. He sought suppression of his blood test results on the grounds that the warrant-issuing judge lacked probable cause, or alternatively, that Officer Halfmann’s application omitted facts that would have undermined a finding of probable cause. On appeal, Schultz lost both arguments.
Extension of stop, FSTs okay, no reversal for error of law regarding probable cause for PBT
State v. Bradley E. Ammann, 2017AP866-CR, 12/7/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)
A state trooper stopped Ammann for speeding as he and his wife were driving home from a wedding reception. The trooper asked Amman to exit the car and then smelled intoxicants on him. This led to field sobriety tests and then a preliminary breath test showing that Ammann had an .068 alcohol concentration. He almost escaped with a mere citation for speeding except the trooper had to go and check his driving record.