2010AP693-CR State v. Shaw
Search and Seizure OMVWI; investigative stop; probable cause Kevin L. Shaw appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, fifth offense. See WIS. STAT. § 346.63(1)(a). Shaw contends that both the stop of his vehicle and his arrest were unconstitutional, requiring suppression of the evidence police […]
2010AP1045-CR State v. McDonald
Motor Vehicles OWI; reasonable suspicion; probable cause Joshua McDonald appeals from a judgment of conviction for operating with a prohibited blood alcohol concentration, in violation of Wis. Stat. § 346.63(1)(b). McDonald contends that the circuit court erred in denying his motion to suppress all evidence obtained after he was stopped for speeding. McDonald argues that […]
09-3966 Parkey v. Sample
Civil Rights Search and seizure; probable cause Where a police officer found marijuana stems in the plaintiff’s garbage, and the plaintiff had received shipments from a supplier of marijuana cultivation products, the officer did not violate the plaintiff’s constitutional rights in getting a search warrant for the plaintiff’s home. “Sample’s affidavit included informat[...]
2010AP1324 State v. Barahona
Motor Vehicles OWI; probable cause Michael Barahona appeals judgments of conviction for operating a motor vehicle while under the influence of an intoxicant, first offense (OWI), contrary to Wis. Stat. § 346.63(1)(a), and operating with a prohibited alcohol concentration (PAC), contrary to Wis. Stat. § 346.63(1)(b).[3] He also appeals an order denying his motion to […]
2009AP3042-CR State v. Riley
Search and Seizure Probable cause Caleb J. Riley appeals from a judgment convicting him upon his pleas of no contest to possession with intent to deliver cocaine, as party to a crime (PTAC), and to misdemeanor bail jumping. Riley argues that the trial court wrongly denied his motion to suppress because the search warrant was […]
2009AP2552-CR State v. Janiak
Criminal Procedure Warrantless home entry; probable cause; hot pursuit Todd Janiak appeals a judgment of conviction for burglary and second-degree recklessly endangering safety. Janiak argues the circuit court should have suppressed evidence because police entered his home and arrested him without probable cause or exigent circumstances. We reject Janiak’s arguments and affirm. This opinion [...]
2009AP2561-CR State v. Hoehne
Motor Vehicles OWI; probable cause Jerome Hoehne appeals a judgment of conviction for operating while intoxicated, third offense, on a plea of no contest following the circuit court’s order denying his motion to suppress evidence. The circuit court denied Hoehne’s suppression motion on grounds that probable cause existed to stop Hoehne for driving in the […]
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