Recent Cases Which May Be Helpful
In Your Defense Of A OWI DUI

1. Ohio v. Homan: Field Sobriety Tests not allowed to establish probable cause unless done correctly.
2. Knowles v. Iowa: Officers may not search beyond what is necessary for officer safety in a routine traffic stop.
3. U.S. v. Lambert: A defendant was seized while agents held his driver's license for 20 minutes.
4. U.S. v. Buchanan: The defendants were seized when the troopers separated them from their vehicle.
5. U.S. v. Mitchell: A defendant retains his privilege against self-incrimination through sentencing.
6. Florida v. J.L.: A seizure cannot be made based on an uncorroborated anonymous tip
7. City v. Haanstad.:  A Wisconsin case:  The defendant slid over into the driver's seat of a running car, but did not touch any of the controls (her angry boyfriend had left the driver's seat).  Held:  She was not operating the vehicle.
8. Wisconsin v. Ernst: A prior criminal drunk driving conviction cannot be used to enhance a present drunk driving case, if the defendant was denied his constitutional right to an attorney in the prior case.  This means that if he proceeds without an attorney he must be advised of the full range of possible penalties.
9. Welsh v. Wisconsin:  US Supreme Court.  In the absence of exigent circumstances, the police may not enter a suspect's home without a warrant or consent, to make a DUI arrest.
10. City of West Bend v. Wilkens:  A Wisconsin case.   Federal procedures for the Walk and Turn Standardized field sobriety test and the One Leg Stand standardized field sobriety test are not mandatory in Wisconsin, because Wisconsin rejects the federal claim that these tests are scientific!

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