By: WISCONSIN LAW JOURNAL STAFF//November 6, 2012
Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — reasonable suspicion
The City of West Allis appeals the circuit court order, reversing a municipal court judgment against Kristie J. Kapke. Kapke was convicted of operating while intoxicated in municipal court after the municipal court denied her motion to suppress evidence based on an improper stop. Kapke appealed the judgment to the circuit court where it was reversed. The City contends that the circuit court erred by concluding that the named citizen informant’s tip lacked sufficient indicia of reliability to justify the stop. We agree with the City and reverse the circuit court’s order and remand to the municipal court for further proceedings consistent with this opinion. This order will not be published.
2012AP630 City of West Allis v. Kapke
Dist I, Milwaukee County, Flynn, J., Brennan, J.
Attorneys: For Appellant: Merten, Jenna, West Allis; For Respondent: Marola, Thomas J., West Allis; Zell, Michael D., Stevens Point