On Point: 35. Search & Seizure

Shawano Co. v. William P. Pari, No. 2009AP2338-FT, District III, 6/15/10

court of appeals decision (1-judge; not for publication); for Pari: John S. Bartholomew; BiC; Resp.; Reply

¶10    We agree that Pari’s minimal deviations within the traffic lane do not alone give rise to reasonable suspicion that he was operating while intoxicated. See id., ¶¶18-21. Nor do we place great emphasis on that fact here when considering the totality of the circumstances.

Bradley K. Darwin, No. 2009AP2608-FT, District IV, 6/10/10

court of appeals decision (1-judge; not for publication); for Darwin: Bill Ginsberg; BiC; Resp.; Reply

¶5     Darwin argues that the officer lacked probable cause to arrest him for OWI. The municipal court made the following findings of fact with respect to probable cause: Darwin signaled a turn, but failed to complete it; he denied drinking;

court of appeals decision (1-judge; not for publication); for Oetzman: Kirk B. Obear; BiC; Resp.; Reply

Traffic Stop – U-Turn

¶8     As such, three rules of the road come into play.Under Wis. Stat. § 346.34(1), no person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Wis.

court of appeals decision (1-judge; not for publication); for Manske: Jennifer R. Drow; BiC; Resp.; Reply

Traffic Stop – Reasonable Suspicion

¶16     Manske submits that because his driving was in some respects not consistent with an impaired driver, Galipo did not have reasonable suspicion to stop him. However, the test for reasonable suspicion is not whether all of the driver’s actions constituted erratic driving.

court of appeals decision (1-judge; not for publication); for Lonergan: Owen R. Williams; BiC; Resp.

Reasonable Suspicion – OWI Stop

Stop supported by reasonable suspicion, where vehicle “‘deviated constantly’ from a direct line of travel” and “made several abrupt course corrections,” albeit within its own lane. United States v. Lyons, 7 F.3d 973 (10th Cir. 1993) and United States v.

court of appeals decision (1-judge; not for publication); for Dewitt: Thomas E. Hayes; BiC; Resp.

Detention for 90 Minutes not Unreasonable

Stop of motorist Dewitt by officer who, because he was off-duty, could not under departmental rules himself perform arrest, wasn’t unnecessarily prolonged by 90 minute delay until on-duty officer could show up.

¶15 Dewitt has presented no evidence to show that Officer Geffert,

court of appeals decision (1-judge; not for publication); for Jenkins: Walter Arthur Piel, Jr.; BiC; Resp.; Reply

Search & Seizure – Denial of Motion to Suppress without Evidentiary Hearing

¶2 n.2:

Jenkins’ motion papers were inadequate and the circuit court would have been correct in denying him an evidentiary hearing. All Jenkins filed was a one-page motion with the assertion the officers had looked inside his windows;

court of appeals decision (1-judge; not for publication);  for Miske: Sarvan Singh; BiC; Resp.

Terry Stop – Voluntary Encounter

A voluntary encounter, rather than Terry stop, occurred where Miske came to a stop when approaching two squads flanking “an unlit back country road” at 1:00 a.m.:

¶12      When Miske and his partner stopped, they were on a narrow road,

State v. David D. Ramage, 2010 WI App 77; for Ramage: Jevin J. Mulrooney; BiC; Resp.; Reply

Co-tenant’s permissive use of Ramage’s computers conferred on her authority to consent to warrantless police removal of computer and search of their contents. Contrary authority, People v. Blair, 748 N.E.2d 318 (Ill. App. Ct. 2001); State v. Lacey,

7th circuit decision

Permissive Driver, Standing to Challenge Car Search

It is well-established that a driver of a borrowed vehicle may establish a reasonable expectation of privacy in a vehicle even though that driver is not the owner of the vehicle. … Courts have repeatedly recognized the right of a driver to assert a Fourth Amendment right to be free from unreasonable searches of a vehicle where the driver is operating that vehicle with the permission of the owner.