Saturday, May 1, 2010

State -VS- Knapp

Wisconsin Court of Appeals - An appeal from a judgment of the Dane County Circuit Court asked whether a Terry Stop was transformed into a custodial arrest before probable cause existed to arrest Kestler. Successfully argued State -v- Knapp on appeal, which prevents the government from appealing a successful collateral attack of a prior OWI (drunk driving) conviction as a matter of right.
The Wisconsin State Court of Appeals reversed a Dane County Circuit Court 5th offense OWI conviction on grounds that the defendant was placed under arrest without probable cause.

The case is here: State of Wisconsin -v- Knapp