Five inmates sentenced to life in prison as juveniles filed a lawsuit Tuesday alleging that they do not have meaningful chances at parole.

The Milwaukee Journal Sentinel has a story.

​We have the lawsuit.

You can download your own 8.5- by 11-inch copy of this illustration here.

By Gretchen Schuldt

​The vehicle of a driver arrested for drunk driving can be searched for other drugs even when an officer has no reason to believe the driver is under their influence or has any in his or her possession, the State Court of Appeals ruled last week.

That is because the offense of operating while intoxicated (OWI) includes driving while under the influence of alcohol or other drugs, the District II Court of Appeals panel said.

"It is not unusual for a driver’s impaired condition to be caused by a potpourri of substances—some legal, some illegal, some easily detected, some not—sometimes including alcohol, sometimes not," Appeals Judge Mark D. Gundrum wrote. "All such substances are relevant to proving that the driver is in violation of ...(state statute) due to driving while impaired by either drugs, alcohol, or both."

Gundrum was joined in his opinion by Appeals Judges Paul F. Reilly and Brian K. Hagedorn.

The ruling stems from the case of Mose Coffee, who was convicted in Winnebago County Circuit Court of second offense OWI and possession of marijuana with intent to deliver. The officer who stopped Coffee said that he smelled of alcohol, had slurred speech, and glazed and bloodshot eyes. 

Coffee was arrested and officers searched his vehicle. One officer found a bag containing two jars of marijuana, several cell phones, and a package with numerous small plastic bags. Officers found more marijuana in the trunk.

Coffee sought to have the drug evidence suppressed, arguing it was not reasonable for officers to believe they would find OWI-related evidence in the bottom of the bag.

In upholding Circuit Judge John A. Jorgensen's rejection of the request, the appeals court also rejected its own precedent. In the past, Gundrum wrote, the court found that a search was justified if there was a reasonable belief  that evidence of OWI would  be found during a search. The U.S. Supreme Court has held, though, that a vehicle search is permissible when it is reasonable to believe that evidence might be found in the vehicle.

​Previously, Gundrum wrote, "We ultimately relied upon the wrong standard, as Coffee does in this appeal."

He concluded: "We hold as a matter of law that when an officer lawfully arrests a driver for OWI, even if alcohol is the only substance detected in relation to the driver, a search of the interior of the vehicle, including any containers therein, is lawful because it is reasonable to believe evidence relevant to the offense of OWI might be found."

(Updated April 24, 2019 to include information about 2018 city voter roll issues.)

​Losing State Supreme Court candidate Lisa Neubauer won more votes in Milwaukee and Milwaukee County this month than Rebecca Dallet won a year ago in her successful campaign for a seat on that same court, voting results show.

While Dallet received fewer votes than Neubauer did, she won a greater share – 66 percent – of the ballots cast than did Neubauer, who grabbed 62 percent of the county vote.

In the city of Milwaukee, the number of registered voters soared 25 percent, from 248,057 to 310,634, an increase of 62,577.

The number of votes cast rose 18 percent from last year to this year. 

There were only 18 city wards where the number of votes cast declined, and 302 wards where voting increased.

​While that is significant, a smaller share of registered voters cast ballots, and voter turnout fell from 24 percent to 22 percent.

It is time for Wisconsin to legalize marijuana and recognize that "cannabis prohibition is an outdated and regressive policy," Wisconsin Justice Initiative President Craig Johnson said Thursday.

"People used to describe marijuana as a 'gateway drug,' " he said. "And unfortunately it is –  because of the unequal way in which marijuana laws are enforced, for black and brown people it’s a gateway into the criminal justice system, it’s a gateway to jail, and it’s a gateway to prison – and that’s wrong."

Johnson joined State Rep. Melissa Sargent as the Madison Democrat spoke at a press conference about her new bill to legalize cannabis. Information about the legislation is here.

"Far too many lives and communities have been damaged by out-of-date and backwards cannabis policies, and we must take this important and necessary step towards rectifying these damages," she said in prepared remarks. "The simple truth is, the most dangerous thing about marijuana in Wisconsin is that it is illegal."

Johnson, also in prepared remarks, said that too many people of color are arrested and prosecuted for possessing small amounts of cannabis for personal use.

The number of police chases rose 155% from 2017 to 2018, a consequence of decisions loosening restrictions on when police can engage in car chases, according to a new report by the Fire and Police Commission.

The rules governing chases became more restrictive before they became less restrictive.  Before 2010, a chase was authorized if a an officer had reasonable grounds to believe the suspect posed an immediate threat to safety or was involved in a serious offense, or if the necessity of apprehension outweighed the dangers of a pursuit, according to the "2018 City of Milwaukee Fire and Police Commission Vehicle Pursuit Report."

In 2010, responding to concerns about chase-related deaths, police tightened the policy to require that an officer have probable cause to believe that a violent felony has occurred or was about to occur.

Then, in 2015, the policy was revised again, this time in response to an increase in carjackings. The restrictions were loosened - the officer could initiate pursuit if he or she had reason to believe the vehicle itself – and not just a person inside it – was involved in a crime.

Finally, in 2017, the policy was loosened yet again, allowing police to chase cars involved in reckless driving or if the occupants were involved in drug dealing.

Of the third-party injuries in 2018, eight were described as serious, and 18 were described as minor. The rest were described as either "pain," "no apparent injury," or "possible injury," according to the report. (A single pursuit can result in more than one injury.)

There were 165 injuries among those who were chased. Five injuries were fatal. Seven injuries were classified as major, 14 as moderate, and 137 as minor.

Twenty Police Department members were injured in chases last year. Two were injured in two separate accidents, meaning there were 22 total injuries. One officer's injuries were fatal, two had major injuries, and 19 were minor.

"Of the 22 employee injuries, 15 (68 percent) were reported to be using safety equipment and 7 (32 percent) were reported to not be using safety equipment," the report said.  

The report discusses charges requested when suspects are caught, but not the charges issued or charges of conviction. 

​The most frequently sought charges, according to the report, were those directly related to the chase, such as fleeing or recklessly endangering safety.

Beyond those types of cases, police accused 581 people of operating the automobiles without the owners' consent, 101 people of possessing a controlled substance with intent to deliver, 96 of possessing controlled substances, and 88 of being felons in possession of firearms.

By Gretchen Schuldt

(Updated April 11 to reflect Lisa Neubauer's concession to Brian Hagedorn.)
​
Franklin had one ward with a 16.6 percent voter turnout in the April 2 election, the lowest participation rate in any ward in all 18 Milwaukee County suburbs.

Still, that Franklin ward had a greater turnout than 146 Milwaukee wards did. 

Fifty wards in the city had turnout below 10 percent. The overall city rate was 22 percent.

Those participation levels can be considered either an embarrassment or a great opportunity for improvement. They certainly helped Brian Hagedorn in his race against  Lisa Neubauer for a seat on the State Supreme Court.  Hagedorn leads by 5,960 votes and the two may be headed for a recount. (Neubauer conceded to Hagedorn on April 10.)

A chart listing the 50 lowest-turnout Milwaukee wards and a map showing their locations are below.. 

U.S. Attorney Matt Krueger (Eastern District of Wisconsin) will be the guest speaker at the next WJI Salon.

Krueger, sworn in early last year after his appointment by President Trump, will speak about his office's law enforcement priorities and challenges. The Salon will be at noon April 24 at the Riverfront Pizzeria, 509 E. Erie St.

Bring your questions and your appetite for a buffet lunch of a main dish, pizza, salad, and garlic bread. Vegetarian options will be available. The cost of the buffet is $14. Please make your reservation by 5 p.m. Monday, April 22. (Sorry, no refunds for cancellations made after that time.) Click here to register and order your lunch!