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Tag Archives: reasonable suspicion

2010AP2818, 2010AP2819 County of Sheboygan v. Taylor

Motor Vehicles OWI; reasonable suspicion John A. Taylor stands convicted of operating a vehicle while intoxicated, operating with a prohibited blood alcohol concentration and improper lane deviation. He appeals on the basis of State v. Post, 2007 WI 60, ¶2, 301 Wis. 2d 1, 733 N.W.2d 634, holding that repeated weaving by a driver within a single lane does not ...

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2010AP2836 Village of Hortonville v. Buchman

Motor Vehicles OWI; reasonable suspicion; probable cause George Buchman appeals a judgment of conviction for operating while intoxicated, first offense, and an order denying his suppression motion. He asserts the circuit court erred by denying his suppression motion. Because we conclude the officer had both probable cause and reasonable suspicion to stop Buchman’s vehicle, we affirm. This opinion will not ...

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2010AP834 Kenosha County vs. Braune

Motor Vehicles OWI; reasonable suspicion Jodi A. Braune appeals from a judgment of conviction for operating a motor vehicle while intoxicated. Braune contends that as the deputy who stopped her vehicle did not have probable cause or reasonable suspicion to conduct a traffic stop, the evidence used to convict her should have been suppressed. We conclude that the deputy’s investigative ...

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2010AP1794-CR State v. Fex

Motor Vehicles OWI; reasonable suspicion Nicholas Fex appeals his judgment of conviction after he pled guilty to operating a motor vehicle while under the influence of an intoxicant as a third offense. Fex contends that the trial court erred in denying his motion to suppress evidence of his intoxication because police officers lacked reasonable suspicion to stop his vehicle. Because ...

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2010AP2142 City of Mequon v. Cooley

Motor Vehicles OWI; reasonable suspicion Monica Cooley appeals from a judgment of conviction for operating a motor vehicle while intoxicated. Cooley argues that the officer who stopped her SUV did not have reasonable suspicion to make a Terry stop. Following an evidentiary hearing, the circuit court concluded that reasonable suspicion existed. We agree and affirm Cooley’s conviction. This opinion will ...

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2010AP1280-CR State v. Seehafer

Motor Vehicles OWI; reasonable suspicion Michael Seehafer appeals a judgment of conviction for operating a motor vehicle while intoxicated, sixth offense, entered upon a no-contest plea. The sole issue on appeal is whether the circuit court erred when it denied Seehafer’s suppression motion. Because the police officer’s actions did not violate the Fourth Amendment, we affirm. This opinion will not ...

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10-2238 U.S. v. Bullock

Search and Seizure Reasonable suspicion Where police had a warrant to search a building, they had reasonable suspicion to detain a person who had just left it before they could execute the warrant. “We find the reasoning in Swift instructive here. Officers could have detained Bullock at the scene of the traffic stop to maintain the status quo while they ...

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2010AP1817-CR State v. Hysell

Motor Vehicles OWI; reasonable suspicion Joshua Hysell appeals a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (PAC) of .08 or more, in violation of Wis. Stat. § 346.63(1)(b), second offense. He contends the circuit court erred in denying his motion to suppress evidence because, he asserts, the officer did not have reasonable suspicion to ...

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09-4082 U.S. v. Tinnie

Search and Seizure Frisks; reasonable suspicion Where a suspect was in a high crime area known for drug trafficking and gun violence, and the suspect did not answer when asked if he ha any weapons, the officer was justified in frisking him. “In this case, the totality of the circumstances justified frisking Tinnie. The stop occurred late on a Friday ...

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2010AP1883 State v. Paulick

Motor Vehicles OWI; reasonable suspicion Thomas R. Paulick appeals his conviction for operating a vehicle while intoxicated, first offense. While Paulick’s argument is somewhat confusing, for reasons we will soon relate, we deem the issue to be whether there was reasonable suspicion for the state trooper to stop him. We conclude that there was and affirm. This case will not ...

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2010AP1170-CR, State v. Eaton, Dist. IV, Dane County, Ehlke, J., Sherman, J.

Search and Seizure Investigative stop; reasonable suspicion; erratic driving John Eaton appeals from a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (PAC), second offense, contrary to WIS. STAT. § 346.63(1)(b). Eaton argues the circuit court erred when it denied his motion to suppress evidence obtained as a result of the investigatory stop of his ...

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2010AP1593 County of Sauk v. Leon

Motor Vehicles OWI; reasonable suspicion Julio Leon appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), first offense, Wis. Stat. § 346.63(1)(a), and from an order denying his suppression motion. Leon’s claims on appeal include one that the circuit court erred in concluding that a sheriff’s deputy had reasonable suspicion ...

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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 the deputy (1) illegally expanded ...

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2010AP978 Outagamie County v. Torreano

Motor Vehicles OWI; reasonable suspicion Daniel Torreano appeals a judgment of conviction for first-offense operating while intoxicated. Torreano argues the arresting officer lacked reasonable suspicion to stop him. We disagree and affirm. This opinion will not be published. 2010AP978 Outagamie County v. Torreano Dist III, Outagamie County, Metropulos, J., Hoover, J. Attorneys: For Appellant: Lanning, Chad A., West Bend; For ...

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2010AP954-CR State v. Peacock

Motor Vehicles OWI; reasonable suspicion Joseph Peacock appeals a judgment of conviction for operating with a prohibited alcohol concentration, third offense. Peacock argues the arresting officer lacked reasonable suspicion to stop his vehicle because the officer was unsure whether Peacock’s license was still suspended and could not discern whether Peacock was the driver. We disagree and affirm. This opinion will ...

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2010AP1044 City of Tomah v. Pudlow

Motor Vehicles OWI; reasonable suspicion Matthew Pudlow appeals from a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OWI) as a first offense, contrary to Wis. Stat. § 346.63(1)(a), and the circuit court’s order denying his motion to suppress the evidence of his intoxication. The only issue is whether the trial court erred ...

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2009AP2475-CR State v. Nelis

Motor Vehicles OWI; reasonable suspicion Paul Nelis appeals a judgment convicting him of operating with a prohibited alcohol concentration, fifth and subsequent offense, and possession of a controlled substance, as party to a crime. He argues the circuit court should have granted his motion to suppress because the arresting officer stopped his vehicle without reasonable suspicion. We affirm. This opinion ...

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