alternate test (Wisconsin) · Go Syfert
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alternate test in Wisconsin

12 Wisconsin opinions name it 1 courts 1992–2025 2 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.

Followed or applied (8)

CaseFollowedCited
State v. McCrossengreen
wis · 1986 · cited in 2 Wisconsin opinions naming this issue, 1999–2014
2 sentences

2014State v. McCrossen, 129 Wis. 2d 277, 287 , 385 N.W.2d 161 (1986).

2014State v. McCrossen, 129 Wis. 2d 277, 287 , 385 N.W.2d 161 (1986).

12
State v. Leopoldo R. Salas Gaytongreen
wis · 2016 · cited in 1 Wisconsin opinions naming this issue, 2025–2025
1 sentence

2025The circuit court, reaching these same conclusions, properly exercised its discretion in its award of fees; this was “a reasonable conclusion, based upon a consideration of the appropriate law and facts of record.” See Salas Gayton, 370 Wis. 2d 264, ¶20 (citation omitted). ¶46 The Village also seeks a reduction of the attorney fees for the time expended on preparing the motion for attorney fees.

11
Minnesota v. Olsongreen
scotus · 1990 · cited in 1 Wisconsin opinions naming this issue, 2023–2023
1 sentence

2023Minnesota v. Olson, 495 U.S. 91, 96-97 (1990) (holding that a person’s “status as an overnight guest is alone enough to show that he had an expectation of privacy in the home that society is prepared to recognize as reasonable”). ¶19 Under Wisconsin law, this court has formulated an alternate analysis when “the person challenging the search claims status as a guest on the property.” State v. Fox, 2008 WI App 136, ¶19 , 314 Wis. 2d 84 , 758 N.W.2d 790 .

11
Douglas v. Deweygreen
wisctapp · 1990 · cited in 1 Wisconsin opinions naming this issue, 2020–2020
2 sentences

2020See Douglas v. Dewey, 154 Wis. 2d 451, 467 , 453 N.W.2d 500 (Ct. App. 1990); see also Air Wisconsin, Inc. v. North Cent.

2020See Douglas v. Dewey, 154 Wis. 2d 451, 467 , 453 N.W.2d 500 (Ct. App. 1990); see also Air Wisconsin, Inc. v. North Cent.

11
In Matter of Suspension of Operating Privilege of Bardwellgreen
wis · 1978 · cited in 1 Wisconsin opinions naming this issue, 2010–2010
2 sentences

2010See Wis. Stat. § 343.305 (5)(a); City of Madison v. Bardwell, 83 Wis. 2d 891, 896 , 266 N.W.2d 618 (1978) ("Only if [the defendant] submits to the designated test may he [or she] have an alternate test and still comply with the law.").

2010See Wis. Stat. § 343.305 (5)(a); City of Madison v. Bardwell, 83 Wis. 2d 891, 896 , 266 N.W.2d 618 (1978) ("Only if [the defendant] submits to the designated test may he [or she] have an alternate test and still comply with the law.").

11
State v. Trecrocigreen
wisctapp · 2001 · cited in 1 Wisconsin opinions naming this issue, 2008–2008
1 sentence

2008See Trecroci, 246 Wis. 2d 261, ¶¶ 56-60 .

11
State v. Renardgreen
wisctapp · 1985 · cited in 1 Wisconsin opinions naming this issue, 2005–2005
1 sentence

2005See id. at 460 .

11
Vortis v. United Statesgreen
scotus · 1986 · cited in 1 Wisconsin opinions naming this issue, 1999–1999
1 sentence

1999See State v. McCrossen, 129 Wis. 2d 277 , 385 N.W.2d 161 (1985), cert. denied, 479 U.S. 841 (1986); State v. Walstad, 119 Wis. 2d 483 , 351 N.W.2d 469 (1984).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
State v. Fox green
wisctapp · 2008
2 sentences

2023Minnesota v. Olson, 495 U.S. 91, 96-97 (1990) (holding that a person’s “status as an overnight guest is alone enough to show that he had an expectation of privacy in the home that society is prepared to recognize as reasonable”). ¶19 Under Wisconsin law, this court has formulated an alternate analysis when “the person challenging the search claims status as a guest on the property.” State v. Fox, 2008 WI App 136, ¶19 , 314 Wis. 2d 84 , 758 N.W.2d 790 .

2023Minnesota v. Olson, 495 U.S. 91, 96-97 (1990) (holding that a person’s “status as an overnight guest is alone enough to show that he had an expectation of privacy in the home that society is prepared to recognize as reasonable”). ¶19 Under Wisconsin law, this court has formulated an alternate analysis when “the person challenging the search claims status as a guest on the property.” State v. Fox, 2008 WI App 136, ¶19 , 314 Wis. 2d 84 , 758 N.W.2d 790 .

12023–2023
State v. Hubanks green
wisctapp · 1992
2 sentences

2010More recently, in State v. Hubanks, 173 Wis. 2d 1, 28-29 , 496 N.W.2d 96 (Ct. App. 1992), we refused to use our Wis. Stat. § 752.35 discretionary reversal power to enable a defendant to present an alternate defense merely because the defense presented during the trial proved ineffective.

2010More recently, in State v. Hubanks, 173 Wis. 2d 1, 28-29 , 496 N.W.2d 96 (Ct. App. 1992), we refused to use our Wis. Stat. § 752.35 discretionary reversal power to enable a defendant to present an alternate defense merely because the defense presented during the trial proved ineffective.

12010–2010
State v. Stary green
wisctapp · 1994
2 sentences

2010However, because the choice of who pays for and arranges the alternate test is the defendant's, law enforcement must be prepared to offer either the second test at agency expense or a reasonable opportunity for a test at the suspect's expense, in addition to paying for the first test — hence the term "three obligations" that was used by the Stary court. 4 See Stary, 187 Wis. 2d at 270 . ¶ 12.

2010However, because the choice of who pays for and arranges the alternate test is the defendant's, law enforcement must be prepared to offer either the second test at agency expense or a reasonable opportunity for a test at the suspect's expense, in addition to paying for the first test — hence the term "three obligations" that was used by the Stary court. 4 See Stary, 187 Wis. 2d at 270 . ¶ 12.

12010–2010
State v. Smith green
wis · 2006
2 sentences

2008Gonzalez relies on State v. Smith, 2006 WI 74 , 291 Wis. 2d 569 , 716 N.W.2d 482 , to support his argument that the trial court's designation of Juror Molenda as an alternate was in error because she showed no bias toward him.

2008Gonzalez relies on State v. Smith, 2006 WI 74 , 291 Wis. 2d 569 , 716 N.W.2d 482 , to support his argument that the trial court's designation of Juror Molenda as an alternate was in error because she showed no bias toward him.

12008–2008
State v. Walstad green
wis · 1984
2 sentences

1999This alternate test is critical, because it affords the defendant "the opportunity to scrutinize and verify or impeach the results of the [initial] test administered by enforcement authorities." Walstad, 119 Wis. 2d at 527 , 351 N.W.2d at 491 .

1999This alternate test is critical, because it affords the defendant "the opportunity to scrutinize and verify or impeach the results of the [initial] test administered by enforcement authorities." Walstad, 119 Wis. 2d at 527 , 351 N.W.2d at 491 .

11999–1999
State v. Vincent green
wisctapp · 1992
2 sentences

1994Vincent, 171 Wis. 2d at 127 , 490 N.W.2d at 763 . 2 Law enforcement may designate one of those two as its primary test. *270 Once a person consents to the primary test requested by law enforcement, he or she is permitted, at his or her request, an alternate test the agency chooses or, alternatively, a reasonable opportunity to a test of his or her choice.

1994Vincent, 171 Wis. 2d at 127 , 490 N.W.2d at 763 . 2 Law enforcement may designate one of those two as its primary test. *270 Once a person consents to the primary test requested by law enforcement, he or she is permitted, at his or her request, an alternate test the agency chooses or, alternatively, a reasonable opportunity to a test of his or her choice.

11994–1994
Schmerber v. California green
scotus · 1966
1 sentence

1992Id. at 760 n.4.

11992–1992
cluster 560582 green
ca9 · 1991
1 sentence

1992Hammer, 932 F.2d at 846 .

11992–1992

Statutes the citing opinions construe

WI § Wis. Stat. § 343.305 (6) WI § Wis. Stat. § 346.63 (3) WI § Wis. Stat. § 808.10 (3) WI § Wis. Stat. § 885.235 (3)

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.

Where else courts name it

CA 37 (1958–2026) IL 14 (1981–2025) WA 12 (1957–2017) WI 12 (1992–2025) TX 8 (1996–2019) CO 7 (1996–2025) OH 7 (2000–2024) CT 7 (1980–2008) LA 6 (1955–1998) MI 6 (1974–2025) PA 6 (1995–2025) MD 6 (1975–2017) GA 6 (1985–2020) FL 5 (1984–2018) NE 5 (1981–2019) WV 4 (2006–2026) NY 4 (1994–2015) NM 4 (2011–2025) SD 3 (1997–2022) WY 3 (1985–2001) MA 3 (2007–2025) NJ 3 (2007–2012) VI 3 (2011–2015) AL 3 (2008–2024) AR 3 (1983–2013) MT 3 (2007–2025) ND 2 (1988–2013) MO 2 (1983–2019) ID 2 (1993–2020) AZ 2 (1998–2025) IN 2 (1988–2009) VA 2 (1994–2002) UT 2 (2018–2024)

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.

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