A previous post discussed the level of suspicion that an officer must articulate to justify a “stop” or otherwise initiate an encounter with a “civilian.” Generally speaking, a law enforcement officer initiates contact with a “civilian” because he or she suspects the civilian of some kind of wrongdoing. The officer may be mistaken, may have […]
How Does a Controlled Substance (Drug) OWI Differ from an Alcohol OWI?
You and a friend are driving home after 1 a.m. from a party. Some friends at the party, including your passenger, had been smoking marijuana (“weed”), but you had chosen not to. Your passenger starts smoking the remnants of a joint in the car as you drive her home. You refrain from smoking with her, […]
Was It Legal for the Officer to Pull Me Over for That?
Those of us who regularly and zealously challenge illegal searches and seizures in criminal and traffic cases were handed a victory of sorts (victory with a very small “v”) by the Wisconsin Supreme Court last month. In State of Wisconsin v. Antonio D. Brown, 346 Wis.2d 98, the defendant was convicted in Milwaukee County of […]
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