Tail Light Illumination

Wagner V Comissioner

The court affirms a District court ruling that officers had a valid basis to stop the defendants vehicle for believing that there were no tail lights illuminated after dark in spite of evidence from  a mechanic that on any setting, the lights should be on after dark.  The court finds that where the vehicle had just been in a highly illuminated area just before coming on the highway, that it was possible that the artificail light in the area offset either the observations or the sensor

Search Warrant for home

State V Lanny Green

Defendant was accused of sexual contact with two girls, and the defendants roommate stated that the defendant spent a great deal of time talking with girls. One of the victims stated that defendant had taken pictures of her at bedtime.  The court finds a sufficient basis to support a search warrant to look for pictures relevant to the charges, finding a sufficient nexus between the alleges actions of the defendant and the search warrant.

Authority to COncent

State V Baumgart

Based on information that the defendant had been involved in a single vehicle accident and had gone into a house, the officer contacted the defendant’s brother who was listed with the utility company as an owner/ occupant of the residence.  The brother told the officer that he lived at the residence and allowed a law enforcement officer into the house and to defendants bedroom.  The court finds it was reasonable for the officer to believe the brother had the authority to consent to the warrantless entry.  The search was upheld.

DWI

Probable Cause For Driving

A homeowner reported that at about 1:30am a women had entered his home and appeared to be intoxicated. An unfamiliar vehicle with brush in the grill and damage was parked cross ways in the driveway and partially on a step. A woman with the same last name as the registered owner was found apparently trying to get in another house nearby. The women admitted then denied driving. The court finds the officer had probable cause that the defendant was driving while intoxicated based on a totality of the circumstances in spite of not knowing the precise time of driving.

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