On Point blog, page 104 of 141
State v. David L. Johnson, District I, No. 2009AP1265-CR, 3/11/10
court of appeals decision (1-judge; not for publication); BIC; Resp. Br.
Traffic Stop – Reasonable Suspicion
Stop was supported by reasonable suspicion, given trial court findings that “Johnson’s vehicle crossed the fog line and drifted across the lane to the area of the center line, weaved from the right to the left while negotiating curves in the road, moved close enough to the center line on a curve to cause concern that it might collide with an oncoming vehicle,
Kenneth E. Gentry v. Sevier, 7th Circuit App. No. 08-3574, 2/26/10
Terry Stop / Frisk
1. Pulling up in a patrol car and telling Gentry to keep his hands up amounted to a stop for purposes of Terry analysis.
2. The stop, which was based on a report of a “suspicious person,” without reference to any specific facts concerning a crime, was not supported by reasonable suspicion to believe Gentry had either committed a crime or was armed.
State v. Shannon W. Statz, 2009AP2265-CR, District IV, 2/25/2010
court of appeals decision (1-judge; not for publication); BiC; Resp. Br.; Reply
Traffic Stop – Reasonable Suspicion – § 346.072(1)
“We are satisfied that a reasonable officer could reasonably suspect that, by driving 28 to 30 miles per hour in a 25-mile-per-hour zone within 2 to 3 feet of the squad cars, Statz did not slow down, maintain a safe speed for traffic conditions,
State v. Michael John O’Connell, 2009AP2289-CR, Dist I, 2/9/10
court of appeals decision (1-judge, not for publication); BiC; Resp Br
Search & Seizure – Warrantless Entry
O’Connell had reasonable expectation of privacy in stairwell leading to his apartment; warrantless entry to stairwell, to investigate OWI complaint against O’Connell, “was not justified by exigent circumstances because at the time of the entry, the officers had no basis to believe the underlying offense was a jailable offense.” The court implies that,
Reasonable Suspicion – Frisk – Demand that Suspect Drop Object
State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161
For Carroll: Michael K. Gould, SPD, Milwaukee Appellate
Issue/Holding: Frisk analysis applies to police demand that suspect drop object in hand, ¶22.
¶23 Here, Carroll led officers on a high-speed chase in a car that the officers had been observing in connection with an armed robbery investigation, and exited his car quickly while holding an unknown object.
Reasonable Suspicion – Stop/Detention – Duration/Intensity – Handcuffed, Placed in Squad in Absence of Suspected Weapons
State v. Sameeh J. Pickens, 2010 WI App 5, reconsideration denied 1/20
For Pickens: Eileen A. Hirsch, SPD, Madison Appellate
Issue/Holding: A temporary detention is narrowly circumscribed, in terms of duration and intensity, by the least intrusive means necessary to dispel suspicion¸¶27. Thus, in the absence of any reason to believe weapons were present, use of handcuffs on Griffin was unjustified, ¶30.
¶33 In sum,
State v. David G. Baake, 2009AP713-CR, Dist IV, 2/4/10
court of appeals decision (1-judge, not for publication); Resp Br. (Baake); Reply (State)
Traffic Stop – Failure to Yield to Stopped Police Vehicle
Stop for failure to yield unsupported: “§ 346.072, by its plain language, only requires a motorist to change lanes if there are two or more lanes in the motorist’s direction of travel and it is safe to do so,” ¶11; no “testimony that Baake failed to slow down or that he was traveling at an unsafe speed,
State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161
supreme court decision; court of appeals decision; for Carroll: Michael K. Gould, SPD, Milwaukee Appellate
Frisk – Demand that Suspect Drop Object
Frisk analysis applies to police demand that suspect drop object in hand, ¶22.
¶23 Here, Carroll led officers on a high-speed chase in a car that the officers had been observing in connection with an armed robbery investigation, and exited his car quickly while holding an unknown object.
State v. Bradley A. Krahn, 2009AP2406-CR, Dist II 2/3/10
court of appeals decision (not for publication); BiC; Resp Br; Reply
Transport in Squad Didn’t Convert Stop to Arrest
Temporary detention for OWI not converted to arrest by transport, in squad while handcuffed, to police station where field sobriety tests could be performed safely; court notes that officer expressly told Krahn detention was temporary and that handcuffs and transport were for safety,
State v. Deon Bernard Howell, 2008AP3116-CR, Dist I, 1/26/10
court of appeals decision (not recommended for publication)
Probable Cause to Arrest
Probable cause to arrest Howell, where he showed up at drug house after police were executing search warrant and had found photo of him throwing gang signs plus he matched description of drug dealer in warrant application.