On Point: 2. Probable cause

State v. Joseph F. Brown, 2010AP832-CR, District 4, 10/14/10

court of appeals decision (1-judge, not for publication); for Brown: Adam Walsh; BiC; Resp.

It violates § 347.12(1)(a) to flash high-beam headlights within 500 feet of an oncoming vehicle if the latter’s high-beams are not themselves lit. Because Brown flashed his high-beams within 500 feet of an officer’s oncoming vehicle and, according to the trial court’s findings,

State v. Jerome Hoehne, 2009AP2561-CR, District 4, 9/15/10

court of appeals decision (1-judge, not for publication); for Hoehen: Bill Ginsberg; BiC; Resp.; Reply

Probable Cause – Traffic Violation: Driving in Center Lane

Driving in the center lane of a 3-lane highway did not support probable cause to arrest for a traffic violation:

¶8        On appeal,

court of appeals decision (3-judge, not recommended for publication); for Lang: Mary D. Scholle, SPD, Milwaukee Appellate; BiC; Resp.; Reply

Search Warrant – Probable Cause

Affidavit by a detective, containing statements made by a recently arrested “informant” who said that “Troy” at the target residence had traded him cocaine for stolen property, supplied probable cause for the warrant application. The informant’s reliability was established by:

• statement’s against-interest nature;

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court of appeals decision (1-judge, not for publication); for Olson: Christopher W. Dyer; BiC; Resp.; Reply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

State v. Terion Lamar Robinson, 2010 WI 80, affirming 2009 WI App 97; for Robinson: Melinda A. Swartz, SPD, Milwaukee Appellate; BiC; Resp.; Reply

¶2   The dispositive issue in this case is whether the police officers’ warrantless entry into Robinson’s apartment and subsequent search was supported by probable cause and justified by exigent circumstances when the officers corroborated three of the four details relayed by an anonymous informant,

court of appeals decision (1-judge; not for publication); for Manske: Jennifer R. Drow; BiC; Resp.; Reply

Traffic Stop – Reasonable Suspicion

¶16     Manske submits that because his driving was in some respects not consistent with an impaired driver, Galipo did not have reasonable suspicion to stop him. However, the test for reasonable suspicion is not whether all of the driver’s actions constituted erratic driving.

court of appeals decision (1-judge; not for publication); for Pintar: Sarvan Singh; BiC; Resp.; Reply

Probable Cause – Traffic Violation
The police had probable cause to believe Pintar violated § 343.13(1), given uncontroverted testimony that his vehicle “moved across the center skip line (of I-94) into the lane of a car that was approaching from the rear, causing the car to activate its break lights and move out of the way.”

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.

State v. Michael A. Sveum, 2009 WI App 81, affirmed on other grounds, 2010 WI 92
For Sveum: Robert J. Kaiser, Jr.

Issue/Holding: A search warrant for seizure of the sorts of items Sveum used or kept in connection with a 1996 stalking conviction established probable cause he was keeping such items in 2003:

¶35      The warrant affidavit stated that the affiant was a detective with twenty-two years of experience who had specialized training in stalking crimes. 

State v. Jaime Romero, 2009 WI 32, reversing unpublished opinion
For Romero: Thomas E. Hayes

Issue/Holding: Search warrant affidavit, based in part on incriminatory statements of “unwitting” informant (“Mr. X”), established probable cause:

¶29      In the instant case a confidential informant told a law enforcement officer what someone else had told him.  In such a case, the veracity of each person in the chain is relevant.