On Point blog, page 106 of 143
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court of appeals decision (1-judge, not for publication); Resp Br.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court of appeals decision (not for publication); BiC; Resp Br; Reply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court of appeals decision (not recommended for publication)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.
Fond du Lac Co. v. Jennifer E. Bailey, 2009AP 1789-FT, Dist II, 1/20/10
court of appeals decision (1-judge; ineligible for publication)
Traffic Stop – Crossing Center Line
Probable cause to stop for crossing center line, even if momentary and even if driving otherwise flawless.
State v. Bradley J. Tadych, 2009AP1911-CR, Dist II, 1/20/10
court of appeals decision (1-judge; ineligible for publication)
OWI – Probable Cause for PBT
Probable cause to administer PBT: rollover accident, odor of intoxicant, Tadych acknowledged drinking; also, PBT result admissible to establish probable cause to arrest.
State v. Stanley W. Puchacz, 2010 WI App 30
court of appeals decision; for Puchacz: William M. Hayes
Resp Br
OWI Enhancer, § 346.65(2) – Out-of-State Conviction
Michigan convictions for driving while visibly impaired may be counted as Wisconsin OWI priors, given “broad interpretation and application of the final phrase in Wis. Stat. § 343.307(1)(d) and the public policy supporting our drunk driving laws,” ¶¶12-13.
Traffic Stop – Deviating from Center Line, § 346.05
Crossing center line,
County of Grant v. Kaleena E. Collins, 2009AP 2469-FT, Dist IV, 1/14/20
court of appeals decision (1-judge; ineligible for publication)
Vehicle Stop – Rear Plate State Name Obscured
Stop OK where rear plate bracket obscured name of state.
State v. Mary B. Schaetzer, 2009AP1796-CR, Dist II, 1/13/10
court of appeals decision (1-judge; not eligible for publication)
Traffic Stop
Reasonable suspicion to stop vehicle for violating § 346.31(2), right hand turns to be made close as practicable to right-hand edge curb or highway.