The ever-eroding 4th Amendment to the U.S. Constitution took another hit in Wisconsin in 2015, courtesy of our Wisconsin Supreme Court. In State v. Daniel S. Iverson (cited as 2015 WI 101), our State’s highest court upheld a stop of the defendant’s car based upon a state trooper apparently witnessing a passenger in the car toss a cigarette butt out of the window. Following the stop of his car, the driver, Mr. Iverson, was investigated for and charged with drunk driving (OWI). […]
illegal search & seizure
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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