COA: Good faith OKs blood draw whether or not implied consent statute constitutional

State v. Justin W. Paull, 2017AP1210, 8/15/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Mr. Paull was found bloody and semi-conscious after a motorcycle accident. He smelled of intoxicants and had slurred speech. Police arrested him, and he was taken to the hospital. An officer read the informing the accused form […] Source: WI Public Defenders – On Point COA: Good … Continue reading COA: Good faith OKs blood draw whether or not implied consent statute constitutional

Totality of circumstances justified extension of traffic stop

State v. Yunus E. Turkmen, 2018AP1673-CR, District 3, 8/13/19 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Turkmen after he made a U-turn in the middle of an intersection and squealed his tires loudly. (¶3). Based on that conduct and information obtained and observations made after the stop, there was a […] Source: WI Public Defenders – On Point Totality of … Continue reading Totality of circumstances justified extension of traffic stop

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 […] Source: WI Public Defenders – On Point COA finds … Continue reading COA finds reasonable suspicion for drug investigation, FSTs; probable cause for arrest

COA: Cops invade no expectation of privacy by looking into yard visible from road

State v. Adam Blaine Anderson, 2018AP718, 7/23/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) A sheriff’s deputy saw Anderson, who had an outstanding warrant, in the yard of an a acquaintance with whom he was staying. Specifically, the sheriff saw him by means of a live surveillance video; they’d installed a […] Source: WI Public Defenders – On Point COA: Cops … Continue reading COA: Cops invade no expectation of privacy by looking into yard visible from road

Challenge to blood test quickly disposed of

State v. Lonnie P. Ayotte, Jr., 2018AP839-CR, 7/25/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Like Jessica Randall, Ayotte consented to a blood draw after his OWI arrest but then asserted his right to privacy in his blood and told authorities they couldn’t test his blood for alcohol without a warrant. […] Source: WI Public Defenders – On Point Challenge to … Continue reading Challenge to blood test quickly disposed of

COA: “canting,” swerving within lane, “shaking” were reasonable suspicion of OWI

State v. Denise R. Campbell, 2018AP1190, 7/16/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) This is a state’s appeal of the suppression of evidence derived from the stopping of Denise Campbell’s vehicle. The arresting deputy testified to various unusual driving behaviors and, in the court of appeals’ view, the trial court […] Source: WI Public Defenders – On Point COA: “canting,” … Continue reading COA: “canting,” swerving within lane, “shaking” were reasonable suspicion of OWI

SCOW: Driver can’t revoke consent to test of validly drawn blood sample

State v. Jessica M. Randall, 2019 WI 80, 7/2/19, reversing an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that a person who has been arrested for OWI and consented to a blood draw cannot prevent the testing of the blood sample for alcohol or drugs by […] Source: WI Public Defenders – On Point SCOW: Driver … Continue reading SCOW: Driver can’t revoke consent to test of validly drawn blood sample

SCOTUS decides Mitchell v. Wisconsin–vacates judgment and remands case for a hearing!

Mitchell v. Wisconsin, No. 18-6210, 6/29/19, vacating and remanding State v. Mitchell, 2018 WI 84, Scotusblog page (including links to briefs and commentary) This is the decision we’ve all been waiting for on whether a blood draw from an unconscious OWI suspect requires a warrant. Wouldn’t you know–the opinion is splintered. Alito, writing for 4 justices […] Source: WI Public Defenders – On Point SCOTUS decides … Continue reading SCOTUS decides Mitchell v. Wisconsin–vacates judgment and remands case for a hearing!

COA reinforces Wisconsin’s elimination of 4th Amendment protections in traffic stops

State v. Courtney C. Brown, 2017AP774-CR, 6/5/17, District 2 (recommended for publication); case activity (including links to briefs) This is a published, split decision with a vigorous, showstopping “concurrence” by Reilly. Neubauer and Hagedorn hold that after writing Brown a ticket for a seatbelt violation, an officer’s request that he exit his car and consent to […] Source: WI Public Defenders – On Point COA reinforces … Continue reading COA reinforces Wisconsin’s elimination of 4th Amendment protections in traffic stops

SCOW: Police asking driver about weapons is part of any traffic stop’s “mission”

State v. John Patrick Wright, 2019 WI 45, reversing an unpublished court of appeals decision; case activity (including briefs) The supreme court holds (again) that, as part of any routine traffic stop, police may ask a driver whether he or she is carrying a weapon. Wright was stopped for a defective headlight. After telling Wright […] Source: WI Public Defenders – On Point SCOW: Police … Continue reading SCOW: Police asking driver about weapons is part of any traffic stop’s “mission”