On Point blog, page 99 of 142
Reasonable Suspicion – Continued Detention
City of Oshkosh v. Richard A. Selquist, 2010AP862, District 2, 9/1/10
court of appeals decision (1-judge, not for publication); for Selquist: Walter Arthur Piel, Jr.; BiC; Resp.; Reply
The police had reasonable suspicion to continue temporary detention of Selquist and to request filed sobriety testing while investigating a traffic accident:
¶7 … In reviewing whether the officer’s further investigation and request for field sobriety tests were warranted,
Reasonable Suspicion – Traffic Stop
County of Milwaukee v. Katherine R. Harmon, 2010AP297, District 1, 8/24/10
court of appeals decision (1-judge, not for publication); for Harmon: Basil M. Loeb; BiC; Resp.
Traffic stop supported by reasonable suspicion of impaired driving based on: driving on lane-divider lines, crossing lane-divider by half-foot, and “jerkiness in … front steer tires.”
The court notes that while “merely weaving within the confines of a driver’s traffic lane is not sufficient to support reasonable suspicion sufficient to make a traffic stop …,
Terry Frisk – House; Ineffective Assistance – Prejudice
State v. Jacquese Franklin Harrell, 2010 WI App 132; for Harrell: Michael S. Holzman; BiC; Resp.; Reply
Terry Frisk – House
The police had both reasonable suspicion that Harrell had committed a violent crime, and consent to be in his house to question him. Therefore, police inspection of a chair for possible weapons before allowing Harrell to sit in it,
Reasonable Suspicion – Traffic Stop; OWI – Habitual Offender – Collateral Attack
State v. Randall L. Wegener, 2010AP452-CR, District 1, 8/18/10
court of appeals decision (1-judge, not for publication); for Wegener: Kirk B. Obear; BiC; Resp.
Reasonable Suspicion – Traffic Stop
Inclement winter weather didn’t obviate the need to stay within the proper lane, such that crossing the center line, even briefly a few times, provided reasonable suspicion to perform a traffic stop.
¶6 Wegener argues that Fabry did not have reasonable suspicion to conduct a traffic stop because he was driving appropriately for part of the time he was followed and blames his lack of control of his vehicle on the snowy weather conditions.
Reasonable Suspicion – Guzy Factors
State v. Steve J. Will, 2010AP723-CR, District 4, 8/12/10
court of appeals decision (1-judge, not for publication); for Will: Mark Eisenberg; BiC; Resp.; Reply
Reasonable suspicion to stop Will’s truck is supported under the multi-factor test of State v. Guzy, 139 Wis. 2d 663, 407 N.W.2d 548 (1987): while authorities were monitoring a marijuana field an alarm was set off,
Traffic Stop – No Wisconsin DL; Duration of Stop
State v. James Casas Klausen, 2009AP2268, District 4, 8/12/10
court of appeals decision (1-judge, not for publication); for Klausen: Tracey A. Wood; BiC; Resp.
Traffic Stop – No Wisconsin DL
Wisconsin law “contemplates that a person with a valid out-of-state driver’s license who becomes a Wisconsin resident has sixty days, after becoming a Wisconsin resident, to apply for a Wisconsin license,” ¶6.
Reasonable Suspicion – Informant Reliability
State v. Glenn L. Earhart, 2010AP348-CR, District 3, 8/10/10
court of appeals decision (1-judge, not for publication); for Earhart: Patrick J. Stangl; BiC; Resp.; Reply
Reasonable Suspicion – Informant Reliability
Authorities were under no obligation to check into a citizen-informant’s criminal record before acting on the information she related.
¶9 Earhart argues Kistner unreasonably relied on Hitchon’s report because she was a known criminal.
State v. Troy Edward Lang, 2009AP2087-CR, District 1, 8/10/10
court of appeals decision (3-judge, not recommended for publication); for Lang: Mary D. Scholle, SPD, Milwaukee Appellate; BiC; Resp.; Reply
Search Warrant – Probable Cause
Affidavit by a detective, containing statements made by a recently arrested “informant” who said that “Troy” at the target residence had traded him cocaine for stolen property, supplied probable cause for the warrant application. The informant’s reliability was established by:
- statement’s against-interest nature;
Traffic Stop – Tail Lamp Violation
State v. Laurence Evan Olson, 2010AP149-CR, District 4, 8/5/10
court of appeals decision (1-judge, not for publication); for Olson: Christopher W. Dyer; BiC; Resp.; Reply
¶11 WISCONSIN STAT. § 347.13(1) provides that “[n]o vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated on a highway during hours of darkness unless both such lamps are in good working order.” WISCONSIN STAT.
Field Sobriety Testing
State v. Eric Michael Webley, No. 2010AP747-CR, District 4, 7/29/10
court of appeals decision (1-judge, not for publication); for Webley: Steven Cohen; BiC; Resp.
The police had reasonable suspicion believe Webley was driving with a blood alcohol level exceeding 0.02, and thus to perform field sobriety tests, after an indisputably proper stop for speeding, given the following (in addition to which, Webley admitted having had two beers):
¶8 …