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Tag Archives: reasonable suspicion

Supreme Court considers constitutionality of strip search

During oral arguments that focused on the difficult task of line drawing, the justices of the U.S. Supreme Court tried to determine if the strip search of a county jail inmate, erroneously arrested on a warrant for a minor offense, violated the Fourth Amendment.

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10-2904 U.S. v. Richmond

Search and Seizure Pat-down searches; reasonable suspicion Where a suspect had a bulge above his waistband consistent with a revolver handle, the officer has reasonable suspicion to conduct a pat-down search. “Officer Linthicum observed a conspicuous bulge above Richmond’s waistband that was consistent with a revolver handle; both the shape and location of the bulge contributed to Officer Linthicum’s concern ...

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2010AP2369 Columbia County v. Ederer

Motor Vehicles OWI; reasonable suspicion Fred A. Ederer appeals a judgment of conviction of operating a motor vehicle while under the influence, first offense, contrary to Wis. Stat. § 346.63(1)(a). Ederer was found guilty pursuant to a plea of no contest and received a forfeiture of $677.00, a six-month suspension of license and ordered to undergo an alcohol assessment. Prior ...

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2010AP2321-CR State v. Resch

Motor Vehicles OWI; reasonable suspicion Allen L. Resch appeals from his third offense conviction of operating a motor vehicle while intoxicated in violation of Wis. Stat. §§ 346.63(1)(a) and 346.65(2)(am)3.  Specifically, Resch appeals the trial court’s order denying his motion to suppress the initial stop and the imposition of field sobriety tests.  The issues on appeal are (1) whether the ...

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2010AP2501-CR State v. Labedzki

Motor Vehicles OWI; reasonable suspicion Rafael Labedzki appeals from a judgment of the circuit court convicting him of operating while under the influence of an intoxicant. Labedzki argues that his conviction should be reversed as the trooper who conducted the traffic stop did not have reasonable suspicion to ask Labedzki to perform a series of field sobriety tests. We disagree ...

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2010AP2672-CR State v. Gilbert

Motor Vehicles Equipment violations; reasonable suspicion In this appeal, Matthew M. Gilbert limits his challenge to the reasonable suspicion to conduct a traffic stop. In particular, he asserts that the arresting officer did not articulate facts that gave rise to a reasonable suspicion of equipment violations warranting an investigative traffic stop. He also contends that “the circuit court failed to ...

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2010AP2995, 2010AP2996, 2010AP2997 County of Sheboygan v. Bubolz

Motor Vehicles OWI; reasonable suspicion In this appeal, we are confronted with the question of whether ignoring a traffic sign warning motorists that a road is closed, except to local traffic, creates reasonable suspicion justifying an investigative traffic stop. We answer the question in the affirmative and uphold Jeffrey L. Bubolz’s first offense drunk driving conviction. This opinion will not ...

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2010AP2531 City of West Allis v. Schneidler

Motor Vehicles OWI; reasonable suspicion Susan Schneidler appeals from a judgment entered after she pled no contest to operating a motor vehicle while under the influence of an intoxicant or other drug, first offense, contrary to Wis. Stat. § 346.63(1)(a). She argues that: (1) she did not waive her right to appeal by entering a no contest plea; and (2) ...

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