13 Wisconsin opinions name it 1 courts 1999–2024 7 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
City of West Bend v. Wilkensgreen2 sentences2023Although Kosch argues that “the trial court should not have given any evidentiary weight to the field sobriety test results” due to these potential imperfections, this court is mindful that SFSTs need not be performed according to strict protocols in order to yield probative or “valid” results; “[t]hey are observational tools, not litmus tests that scientifically correlate certain types or numbers of ‘clues’ to various blood alcohol concentrations.” City of West Bend v. Wilkens, 2005 WI App 36, ¶17 , 278 Wis. 2d 643 , 693 N.W.2d 324 . ¶20 The trial court appropriately discounted the value of t 2023Although Kosch argues that “the trial court should not have given any evidentiary weight to the field sobriety test results” due to these potential imperfections, this court is mindful that SFSTs need not be performed according to strict protocols in order to yield probative or “valid” results; “[t]hey are observational tools, not litmus tests that scientifically correlate certain types or numbers of ‘clues’ to various blood alcohol concentrations.” City of West Bend v. Wilkens, 2005 WI App 36, ¶17 , 278 Wis. 2d 643 , 693 N.W.2d 324 . ¶20 The trial court appropriately discounted the value of t | 1 | 3 |
State v. Patrick I. Hogangreen2 sentences2024See State v. Hogan, 2015 WI 76, ¶77 , 364 Wis. 2d 167 , 868 N.W.2d 124 (Ziegler, J., concurring) (recognizing that “poor performance on standard field sobriety tests would support a determination that there is probable cause to arrest 5 No. 2023AP2120-CR someone” for OWI). 2024See State v. Hogan, 2015 WI 76, ¶77 , 364 Wis. 2d 167 , 868 N.W.2d 124 (Ziegler, J., concurring) (recognizing that “poor performance on standard field sobriety tests would support a determination that there is probable cause to arrest 5 No. 2023AP2120-CR someone” for OWI). | 1 | 1 |
State v. Willegreen2 sentences2023But the court took “at face value” Ludlum’s testimony that she had observed Kosch enough “based on her training and experience” of nineteen years in law enforcement to determine that “he would be physically able to complete the tests or at least … have a fair opportunity to complete them.” See State v. Wille, 185 Wis. 2d 673, 682 , 518 N.W.2d 325 (Ct. App. 1994) (“The trial court takes evidence in support of suppression and against it, and chooses between conflicting versions of the facts. 2023But the court took “at face value” Ludlum’s testimony that she had observed Kosch enough “based on her training and experience” of nineteen years in law enforcement to determine that “he would be physically able to complete the tests or at least … have a fair opportunity to complete them.” See State v. Wille, 185 Wis. 2d 673, 682 , 518 N.W.2d 325 (Ct. App. 1994) (“The trial court takes evidence in support of suppression and against it, and chooses between conflicting versions of the facts. | 1 | 1 |
State v. Nordnessgreen2 sentences2022See Nordness, 128 Wis. 2d at 36-37 . 2022See Nordness, 128 Wis. 2d at 36-37 . | 1 | 1 |
State v. Matagreen2 sentences2022See State v. Mata, 230 Wis. 2d 567, 572 , 602 N.W.2d 158 (Ct. App. 1999). ¶12 Probable cause existed under the totality of the circumstances here based on Keenan-Becht’s admission to drinking, the odor of alcohol emanating from his body, his red and watery eyes, speeding, the time of day (around bar time), and the observation of four clues on the HGN test.4 Further, the officer knew Keenan-Becht had a prior OWI conviction, which is another factor an 4 Keenan-Becht further contends this court should reverse the circuit court’s suppression decision because he “passed” the other two field sobriet 2022See State v. Mata, 230 Wis. 2d 567, 572 , 602 N.W.2d 158 (Ct. App. 1999). ¶12 Probable cause existed under the totality of the circumstances here based on Keenan-Becht’s admission to drinking, the odor of alcohol emanating from his body, his red and watery eyes, speeding, the time of day (around bar time), and the observation of four clues on the HGN test.4 Further, the officer knew Keenan-Becht had a prior OWI conviction, which is another factor an 4 Keenan-Becht further contends this court should reverse the circuit court’s suppression decision because he “passed” the other two field sobriet | 1 | 1 |
State v. Colstadgreen2 sentences2021To the contrary, the court found that on both the HGN test and the walk and turn test, Wesela “demonstrated that there’s impairment possible because of the different clues.” These facts, as found by the court after watching the videos and hearing the officer’s testimony, indicated that Wesela was intoxicated, and created sufficient probable cause for the officer to administer the PBT.6 See Colstad, 260 Wis. 2d 406, ¶¶24-25 (explaining that, despite fact that defendant performed well on some of the FSTs, his performance on other FSTs combined with the other clues the officer observed was suffic 2021To the contrary, the court found that on both the HGN test and the walk and turn test, Wesela “demonstrated that there’s impairment possible because of the different clues.” These facts, as found by the court after watching the videos and hearing the officer’s testimony, indicated that Wesela was intoxicated, and created sufficient probable cause for the officer to administer the PBT.6 See Colstad, 260 Wis. 2d 406, ¶¶24-25 (explaining that, despite fact that defendant performed well on some of the FSTs, his performance on other FSTs combined with the other clues the officer observed was suffic | 1 | 1 |
State v. Quarzenskigreen2 sentences2020See State v. Quarzenski, 2007 WI App 212, ¶19 , 305 Wis. 2d 525 , 739 N.W.2d 844 . 2020See State v. Quarzenski, 2007 WI App 212, ¶19 , 305 Wis. 2d 525 , 739 N.W.2d 844 . | 1 | 1 |
State v. Pozogreen2 sentences2019See State v. Pozo, 198 Wis. 2d 705, 712 , 544 N.W.2d 228 (Ct. App. 1995) (explaining experience of officer may be considered to determine probable cause); cf. County of Jefferson v. Renz, 231 Wis. 2d 293, 297 , 603 N.W.2d 541 (1999) (officer had received OWI training, leading to over 200 OWI arrests in six years). 8 No. 2019AP167-CR acknowledged that he could not be certain whether the gaps were an inch or more, largely rendering even the two of eight clues doubtful. 2019See State v. Pozo, 198 Wis. 2d 705, 712 , 544 N.W.2d 228 (Ct. App. 1995) (explaining experience of officer may be considered to determine probable cause); cf. County of Jefferson v. Renz, 231 Wis. 2d 293, 297 , 603 N.W.2d 541 (1999) (officer had received OWI training, leading to over 200 OWI arrests in six years). 8 No. 2019AP167-CR acknowledged that he could not be certain whether the gaps were an inch or more, largely rendering even the two of eight clues doubtful. | 1 | 1 |
State v. Zivcicgreen2 sentences2018See Velez , 224 Wis. 2d at 12 , 589 N.W.2d 9 . 9 ¶23 Finally, Radder's amended motion claims that the HGN test is "inherently unreliable." Though we have approved of decisions admitting testimony regarding the HGN test before, see, e.g. , State v. Zivcic , 229 Wis. 2d 119 , 128, 598 N.W.2d 565 (Ct. App. 1999), Radder is certainly entitled to make this argument. 2018See Velez , 224 Wis. 2d at 12 , 589 N.W.2d 9 . 9 ¶23 Finally, Radder's amended motion claims that the HGN test is "inherently unreliable." Though we have approved of decisions admitting testimony regarding the HGN test before, see, e.g. , State v. Zivcic , 229 Wis. 2d 119 , 128, 598 N.W.2d 565 (Ct. App. 1999), Radder is certainly entitled to make this argument. | 1 | 1 |
State v. Velezgreen2 sentences2018See Velez , 224 Wis. 2d at 12 , 589 N.W.2d 9 . 9 ¶23 Finally, Radder's amended motion claims that the HGN test is "inherently unreliable." Though we have approved of decisions admitting testimony regarding the HGN test before, see, e.g. , State v. Zivcic , 229 Wis. 2d 119 , 128, 598 N.W.2d 565 (Ct. App. 1999), Radder is certainly entitled to make this argument. 2018See Velez , 224 Wis. 2d at 12 , 589 N.W.2d 9 . 9 ¶23 Finally, Radder's amended motion claims that the HGN test is "inherently unreliable." Though we have approved of decisions admitting testimony regarding the HGN test before, see, e.g. , State v. Zivcic , 229 Wis. 2d 119 , 128, 598 N.W.2d 565 (Ct. App. 1999), Radder is certainly entitled to make this argument. | 1 | 1 |
State v. Ruthardtgreen2 sentences1999In support of his argument, Zivcic cites a foreign case where a court ruled that the HGN test should not be admitted unless accompanied by "testimony from an expert with specialized knowledge and training in HGN testing and its underlying principles," State v. Ruthardt, 680 A.2d 349, 362 (Del. 1996). 1999In support of his argument, Zivcic cites a foreign case where a court ruled that the HGN test should not be admitted unless accompanied by "testimony from an expert with specialized knowledge and training in HGN testing and its underlying principles," State v. Ruthardt, 680 A.2d 349, 362 (Del. 1996). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Jacobs
green
2 sentences2024Consequently, we must accept the court’s credibility determinations “unless the testimony relied upon is incredible as a matter of law.” State v. Jacobs, 2012 WI App 104, ¶17 , 344 Wis. 2d 142 , 822 N.W.2d 885 . ¶22 Paulson contends that Boley’s testimony was incredible based on discrepancies between his testimony about his administration of the HGN test and the dashboard camera video showing that test. 2024Consequently, we must accept the court’s credibility determinations “unless the testimony relied upon is incredible as a matter of law.” State v. Jacobs, 2012 WI App 104, ¶17 , 344 Wis. 2d 142 , 822 N.W.2d 885 . ¶22 Paulson contends that Boley’s testimony was incredible based on discrepancies between his testimony about his administration of the HGN test and the dashboard camera video showing that test. | 1 | 2024–2024 |
State v. Poellinger
green
2 sentences2022Determinations of credibility and how to resolve conflicts in testimony are for the trier of fact, State v. Poellinger, 153 Wis. 2d 493, 503 , 451 N.W.2d 752 (1990), and we see no reason to disturb the circuit court’s finding on this point. 4 Lobato argues that the circuit court should have disregarded all of the clues from the HGN test, rather than only two, because of procedural problems with conducting the test, but provides no legal authority for this assertion. 9 No. 2021AP1687-CR driving.”). 2022Determinations of credibility and how to resolve conflicts in testimony are for the trier of fact, State v. Poellinger, 153 Wis. 2d 493, 503 , 451 N.W.2d 752 (1990), and we see no reason to disturb the circuit court’s finding on this point. 4 Lobato argues that the circuit court should have disregarded all of the clues from the HGN test, rather than only two, because of procedural problems with conducting the test, but provides no legal authority for this assertion. 9 No. 2021AP1687-CR driving.”). | 1 | 2022–2022 |
State v. Alvernest Floyd Kennedy
green
2 sentences2022Additionally, “Wisconsin has no requirement that police must perform field sobriety tests in order to determine whether probable cause exists that a person is operating a vehicle under the influence of alcohol.” State v. Kennedy, 2014 WI 132, ¶21 , 359 Wis. 2d 454 , 856 N.W.2d 834 . 2022Additionally, “Wisconsin has no requirement that police must perform field sobriety tests in order to determine whether probable cause exists that a person is operating a vehicle under the influence of alcohol.” State v. Kennedy, 2014 WI 132, ¶21 , 359 Wis. 2d 454 , 856 N.W.2d 834 . | 1 | 2022–2022 |
State v. Secrist
green
2 sentences2020Cf. Secrist, 224 Wis. 2d at 217 n.10 (lying to police, which evidences consciousness of guilt, may support probable cause). ¶15 Fourth, Sternitzky exhibited six out of six clues of intoxication for one of the field sobriety tests, the HGN test, and, according to Hamilton’s undisputed testimony, four clues show a significant probability of intoxication. 2020Cf. Secrist, 224 Wis. 2d at 217 n.10 (lying to police, which evidences consciousness of guilt, may support probable cause). ¶15 Fourth, Sternitzky exhibited six out of six clues of intoxication for one of the field sobriety tests, the HGN test, and, according to Hamilton’s undisputed testimony, four clues show a significant probability of intoxication. | 1 | 2020–2020 |
County of Jefferson v. Renz
green
2 sentences2019See State v. Pozo, 198 Wis. 2d 705, 712 , 544 N.W.2d 228 (Ct. App. 1995) (explaining experience of officer may be considered to determine probable cause); cf. County of Jefferson v. Renz, 231 Wis. 2d 293, 297 , 603 N.W.2d 541 (1999) (officer had received OWI training, leading to over 200 OWI arrests in six years). 8 No. 2019AP167-CR acknowledged that he could not be certain whether the gaps were an inch or more, largely rendering even the two of eight clues doubtful. 2019See State v. Pozo, 198 Wis. 2d 705, 712 , 544 N.W.2d 228 (Ct. App. 1995) (explaining experience of officer may be considered to determine probable cause); cf. County of Jefferson v. Renz, 231 Wis. 2d 293, 297 , 603 N.W.2d 541 (1999) (officer had received OWI training, leading to over 200 OWI arrests in six years). 8 No. 2019AP167-CR acknowledged that he could not be certain whether the gaps were an inch or more, largely rendering even the two of eight clues doubtful. | 1 | 2019–2019 |
United States v. Horn
green
2 sentences2005The court in United States v. Horn, 185 F. Supp. 2d 530 (D. 2005The court in United States v. Horn, 185 F. Supp. 2d 530 (D. | 1 | 2005–2005 |
State v. Meador
green
2 sentences2005The Meador court stated that, with the exception of observations with respect to the HGN test, a police officer's observations of FST performance should be "placed in the same category as other commonly understood signs of impairment, such as glassy or bloodshot eyes, slurred speech, staggering, flushed face, labile emotions, odor of alcohol or driving patterns." Id. at 832 . 2005The Meador court stated that, with the exception of observations with respect to the HGN test, a police officer's observations of FST performance should be "placed in the same category as other commonly understood signs of impairment, such as glassy or bloodshot eyes, slurred speech, staggering, flushed face, labile emotions, odor of alcohol or driving patterns." Id. at 832 . | 1 | 2005–2005 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.