On Point blog, page 118 of 142
Stop – Basis – Already-Parked Car (Dicta)
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227
For Young: Martha K. Askins, SPD, Madison Appellate
(Apparent Dicta): Though a “close question,” in that “(w)hen a marked squad car pulls up behind a car, activates emergency flashers, and points a spotlight at the car, it certainly presents indicia of police authority,” ¶65, the court is “reluctant to conclude that the positioning of the officer’s car,
Stop – Basis – Test: Failure to Yield to Authority / Hodari D.
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227
For Young: Martha K. Askins, SPD, Madison Appellate
Issue/Holding:
¶26 Under Hodari D. and Kelsey, an uncomplied-with show of authority cannot constitute a seizure. …
…
¶37 Mendenhall is the appropriate test for situations where the question is whether a person submitted to a police show of authority because,
Arrest — Search Incident to Arrest — “Laxative Search”
State v. Tomas Payano-Roman, 2006 WI 47, reversing 2005 WI App 118
For Payano-Roman: Timothy A. Provis
Issue: Whether post-arrest administration of a laxative, in order to recover a substance the arrestee had swallowed was an unreasonable intrusion, such that the result was suppressible.
Holding:
¶36 More helpful than border search jurisprudence is Winston v. Lee,
Forfeiture of Weapon, § 968.20(1m)(b) – Actual Physical Possession Not Necessary
State v. John L. Kueny, 2006 WI App 197, PFR filed 10/19/06
For Kueny: James R. Lucius
Issue: Whether “actual physical possession” of weapons is necessary to support forfeiture under § 968.20(1m)(b).
Holding:
¶9 Kueny argues that he effectively did not have possession of the firearms. He reminds us that he had had no contact with the weapons since putting them in storage years before,
Forfeiture of Weapon, § 968.20(1m)(b) – Read-In Crime Suffices
State v. John L. Kueny, 2006 WI App 197, PFR filed 10/19/06
For Kueny: James R. Lucius
Issue: Whether the weapon must have been used in the crime of conviction in order to be subject to forfeiture.
Holding:
¶11 Kueny misreads the plain language and misses a nuance of the statute. Wisconsin Stat. § 968.20(1m)(b) forbids returning weapons to one who “committed” a crime involving their use;
Reasonable Suspicion — Stop – Duration – Routine Traffic Offense – Prolonged to Seek Consent to Search Automobile
State v. Joseph R. Luebeck, 2006 WI App 87, (State’s) PFR filed 5/17/06
For Luebeck: Alex Flynn; Adam B. Stephens; Rebecca Robin Lawnicki
Issue: Whether the traffic stop, valid at inception, was impermissibly extended so as to invalidate consent to search the car.
Holding:
¶14 … (I)n its decision reaffirming the order granting Luebeck’s motion to suppress the evidence, the circuit court stated:
I don’t think any reasonable person would have felt this encounter had concluded and that he was free to leave.
Terry Stop — Basis – Informant: “Citizen” vs. “Confidential,” Generally
State v. Calvin R. Kolk, 2006 WI App 261
For Kolk: Michael Zell
Issue/Holding:
¶12 … Though there is some confusion in the case law, we believe that the distinction is that a confidential informant is a person, often with a criminal past him- or herself, who assists the police in identifying and catching criminals, while a citizen informant is someone who happens upon a crime or suspicious activity and reports it to police.
Terry Stop — Basis – Informant: Corroboration Lacking
State v. Calvin R. Kolk, 2006 WI App 261
For Kolk: Michael Zell
Issue/Holding: Information provided by a named, citizen informant (that Kolk had picked up drugs in Milwaukee and would be driving to Madison) was insufficiently reliable to support reasonable suspicion of criminal activity:
¶17 To recapitulate, the police were able to corroborate: (1) Kolk’s identity; (2) what kind of vehicle he drove; and (3) the fact that he would drive it,
Terry Stop – Basis – Anonymous Tip, And Suspicious Behavior
State v. Eugene Patton, 2006 WI App 235
For Patton: Daniel R. Clausz
Issue/Holding
¶10 Under appropriate circumstances, an informant’s tip can provide a law enforcement officer with reasonable suspicion to effectuate a Terry stop. Rutzinski, 241 Wis. 2d 729, ¶17; J.L., 529 U.S. at 270. However, before acting on an informant’s tip,
Stop – Basis – Reasonable Suspicion, “Problem Area,” “Lingering” in Car
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227
For Young: Martha K. Askins, SPD, Madison Appellate
Issue/Holding: The police had reasonable suspicion to stop Young because: he was in a parked car with Illinois plates, which had “lingered” for 5 or 10 minutes around midnight around the corner from a bar, in a “problem area”:
¶64 Although there are innocent explanations for why five people would be sitting in a car for five to 10 minutes,