On Point blog, page 138 of 141
Reasonable Suspicion – Stop – Basis: Nervousness, Lateness of Hour, Picture of Mushroom
State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999)
For Betow: James C. Murray
Issue/Holding: The police didn’t have reasonable suspicion to extend a routine stop for speeding based on the following: the driver’s wallet was adorned with a picture of a mushroom, coupled with the officer’s experience that the depiction of mushrooms may signify hallucinogenic use; lateness of the hour; driver’s implausible explanation of itinerary;
Reasonable Suspicion – Stop – Basis – High-Crime Area
State v. Tartorius Allen, 226 Wis.2d 66, 593 N.W.2d 504 (Ct. App. 1999)
For Allen: Steven D. Phillips, SPD, Madison Appellate.
Holding:
Allen and his companion being in a high-crime area, standing alone, would not be enough to create reasonable suspicion. A brief contact with a car, standing alone, would not be enough to create reasonable suspicion. Hanging around a neighborhood for five to ten minutes,
Reasonable Suspicion – Stop – Basis – Officer’s “Good Faith” Interpretation of Ambiguous Statute
State v. Michael M. Longcore (I), 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999), affirmed by equally divided vote, 2000 WI 23, 233 Wis. 2d 278, 607 N.W.2d 620
For Longcore: William E. Schmaal, SPD, Madison Appellate.
Holding: Longcore was stopped because his rear window was missing (it had been replaced with a plastic sheet). The state argues that this violated Wis. Stat. § 347.43(1) –
Reasonable Suspicion – Stop – Duration – Traffic Offense – Extended Beyond Permissible Limits
State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999)
For Betow: James C. Murray.
Issue/Holding:
There is no question that a police officer may stop a vehicle when he or she reasonably believes the driver is violating a traffic law; and, once stopped, the driver may be asked questions reasonably related to the nature of the stop-including his or her destination and purpose.
Expectation of Privacy – Curtilage – Backyard area
State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999)
For Wilson: Martha A. Askins, SPD, Madison Appellate.
Issue/Holding: Officer’s invasion of home’s curtilage, where he smelled marijuana burning inside, held unlawful. Court enumerates various factors relevant to extent of curtilage protection, and stresses that fourth amendment protects both home and area around it. In this case, the officer went into a backyard area where children played,
Expectation of Privacy – Commercial Building Dumpster
State v. Richard D. Yakes, 226 Wis.2d 425, 595 N.W.2d 108 (Ct. App. 1999)
Issue/Holding: Yakes owned a commercial enterprise, on whose property was a dumpster owned by the disposal company. The police, acting without a warrant, seized evidence from the dumpster. Yakes, the court of appeals holds, did not demonstrate a reasonable expectation of privacy as to his trash. The court adopts United States v. Hall,
Arrest — Authority of Sheriff to Arrest in Municipality
State v. Rodney G. Zivcic, 229 Wis.2d 119, 598 N.W.2d 565 (Ct. App. 1999)
For Zivcic: John J. Carter
Issue/Holding: A sheriff’s deputy has authority to arrest in a city located in the county.
Easy enough. Plus, there’s significant authority allowing a an officer to peform an out-of-jurisdiction arrest under a “citizen’s arrest” rationale: see State v. James W. Keith, 2003 WI App 47 (discussion of point,
Arrest – Probable Cause – Predicated on Mistake of Law
State v. Michael M. Longcore (I), 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999), affirmed by equally divided vote, 2000 WI 23, 233 Wis. 2d 278, 607 N.W.2d 620
For Longcore: William E. Schmaal, SPD, Madison Appellate.
Issue/Holding: An officer stopped Longcore’s car because his back window had been replaced with a plastic covering. The trial court ruled that this was a permissible temporary stop but the court of appeals holds that the officer wasn’t conducting a temporary,
Arrest – Probable Cause – “Unmistakable” Drug Odor, Single-Occupant Automobile
State v. Timothy M. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387, cert. denied, __ U.S. __ (1999), reversing, 218 Wis.2d 508, 582 N.W.2d 37 (Ct. App. 1998)
For Secrist: Patrick M. Donnelly, SPD, Madison Appellate.
Issue/Holding:
The issue presented to the court is whether the odor of a controlled substance may provide probable cause to arrest,
Arrest — Probable Cause — Drug Odor, Multiple Possible Sources, Emanating from Home
State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999)
For Wilson: Martha A. Askins, SPD, Madison Appellate.
Issue/Holding:
Ison lacked probable cause to arrest Wilson when he refused to allow Wilson to use the bathroom because at that time, Ison could not identify Wilson as the source of the marijuana odor emanating from the basement. The Wisconsin Supreme Court recently held that “the odor of a controlled substance provides probable cause to arrest when the odor is unmistakable and may be linked to a specific person or persons because of the circumstances in which the odor is discovered or because other evidence links the odor to the person or persons.”State v.