On Point: 35. Search & Seizure

County of Sheboygan v. John A. Taylor, 2010AP2819, District 2, 3/23/11

court of appeals decision (1-judge, not for publication); for Taylor: Kirk B. Obear, Casey J. Hoff; case activity

Weaving within lane supported reasonable suspicion for OWI stop, State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634 (“repeated weaving by a driver within a single lane does not alone give rise to the reasonable suspicion necessary for a traffic stop”),

court of appeals decision (1-judge, not for publication); for Cain: John M. Carroll; case activity

Search & Seizure – “Contraband” (Illegal Switchblade), Delayed Determination

Where the detention of Cain and seizure of his knife were concededly proper, the fact that the officer forgot to return the knife when he released Cain, and didn’t determine until later that it was in fact an illegal switchblade, didn’t require suppression of the knife.

State v. Loren C. Purintun, 2010AP2493-CR, District 3, 3/15/11 

court of appeals decision (1-judge, not for publication); for Purintun: Dan Chapman; case activity

¶9        Here, the totality of the circumstances provided Hodek with reasonable suspicion to stop Purintun.  Hodek was dispatched to a semi-rural area to investigate a report of either a shooting or a car accident.  He encountered Purintun about one-half mile from the address provided by dispatch. 

Waupaca County v. Heather M. Krueger, 2010AP1290, District 4, 3/10/11

court of appeals decision (1-judge, not for publication); for Krueger: John M. Carroll; case activity

Citizen’s detention of driver (for suspected drunk driving) until police arrived to effectuate probable cause-based arrest can’t support suppression of evidence because no state action was involved.

¶5        Krueger seeks suppression of evidence of her intoxicated driving obtained after she was stopped by Sparks,

Kenosha County v. Jodi A. Braune, 2010AP834, District 2, 3/9/11

court of appeals decision (1-judge, not for publication); for Braune: Theodore B. Kmiec, III; case activity

¶7        We hold that under the plain language of Wis. Stat. § 346.13(3), Braune’s deviation over the fog line was sufficient to establish probable cause that Braune committed a traffic violation.  When the deputy observed Braune’s conduct, he had probable cause that Braune did not drive “in the lane designated.”  See § 346.13(3). 

City of Mequon v. Monica Maureen Cooley, 2010AP2142, District 2, 2/23/11

court of appeals decision (1-judge, not for publication); for Cooley: Dudley A. Williams; case activity

Reasonable suspicion supported early-morning stop of car in otherwise empty parking lot.

¶7        We agree with the circuit court that Brandemuehl conducted a lawful Terry stop.  Brandemuehl could point to specific and articulable facts[3] (Cooley turning into the parking lot of a closed movie theatre early on New Year’s morning),

County of Sheboygan v. William M. Lane, 2010AP1756, District 2, 2/2/11

court of appeals decision (1-judge, not for publication); for Lane: George Limbeck; case activity; State BiC; Lane Resp.

¶6        As a threshold matter, the County addresses the proper test for assessing the validity of the traffic stop.  The County contends that the appropriate standard is “reasonable suspicion” as opposed to “probable cause.”  We disagree. 

State v. Robert L. Stokes, 2009AP919-CR, District 1, 2/1/11

court of appeals decision (3-judge, not recommended for publication); for Stokes: John M. Bolger; case activity; Stokes BiC; State Resp.; Reply

Given trial court credibility findings, the resident’s consent to the police to enter and search was voluntary.

¶19      Finally, we are not convinced by Robert’s argument that the trial court erred in denying his suppression motion regardless of whether Deborah’s consent was valid because police had no lawful reason to be in the Stokes’ yard and on their porch.  

State v. Joshua J. Hysell, 2010AP1817-CR, District 4, 1/27/11

court of appeals decision (1-judge, not for publication); for Hysell: John Smerlinski; case activity; Hysell BiC; State Resp.

Phoned tip by driver who gave his name and described the subject vehicle as “all over the road” held sufficiently reliable to support reasonable suspicion for stop.

Because the informant gave his name,

State v. Ashley M. Toliver, 2010AP484-CR, District 2, 1/26/11

court of appeals decision (3-judge, not recommended for publication); for Toliver: Elizabeth Ewald-Herrick; case activity

Community caretaker doctrine supported, in the first instance, search of seemingly lost purse found in common area of apartment building; and, in the second, entry of apartment after co-inhabitant requested officer to lock it up, as he was being transported for medical care.