By: Derek Hawkins//December 21, 2016//
WI Court of Appeals – District II
Case Name: State of Wisconsin v. Dwayne T. Candler
Case No.: 2015AP2212-CR
Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.
Focus: Ineffective Assistance of Counsel
On March 26, 2013, police received a tip that Dwayne T. Candler and another person drove to Chicago in a third person’s vehicle to buy heroin and were on their way back to Plymouth, Wisconsin. The vehicle was soon located and stopped due to a suspended registration; Candler was in the passenger seat. After a drug-detection dog alerted to the presence of contraband, the officers searched the vehicle and later found heroin on the driver’s person. A probation hold was placed on Candler during the stop, and he was subsequently charged and convicted of possession of heroin with intent to deliver. On appeal, Candler claims that his counsel was ineffective for failing to argue that the canine sniff was a search requiring probable cause and that his detention on a probation hold was unreasonable. We disagree and affirm.