On Point: G. Reasonable suspicion

State of Wisconsin v. Alsherrife Mire, 2024AP2481-CR, 2/4/26, District II (recommended for publication); case activity

In a decision recommended for publication, the COA affirmed the circuit court’s order denying the defendant’s motion to suppress the fruits of his allegedly unlawfully extended traffic stop because evidence of his flight from police was not derived from the stop.

State v. Troy A. Wry, 2023AP561, 2/3/26, District III (ineligible for publication); case activity

Wry appeals his conviction for OWI 3rd, arguing the circuit court erred by denying his motion to suppress evidence because law enforcement lacked reasonable suspicion that Wry had committed, or was committing, an offense sufficient to conduct an investigatory stop of his vehicle. COA affirms.

State v. Jacobe Michael Gimmel, 2025AP1037 & 2025AP1537, 1/29/26, District IV (ineligible for publication); case activity

Gimmel appeals his conviction for OWI 2nd and the revocation of his driver’s license for refusing a chemical test. The sole issue in the consolidated appeal is whether the officer who stopped Gimmel had reasonable suspicion to do so. COA affirms, concluding the officer had reasonable suspicion that Gimmel had violated a local noise ordinance.

Case v. Montana, USSC No. 24-624, 1/14/2026, affirming Montana v. Case, 2024 MT 165, 417 Mont. 354, 553 P.3d 985; Scotusblog page (with links to briefs and commentary)

SCOTUS unanimously holds that Brigham City v. Stuart‘s objective reasonableness standard for warrantless home entries to render aid applies “without further gloss” and was satisfied here. While SCOTUS affirms the Montana Supreme Court’s judgment, the Court does not adopt the lower court’s reasoning in full.

State of Wisconsin v. Brenda L. Roszina, 2024AP898, 1/13/26, District I (ineligible for publication); case activity

COA affirms the circuit court’s order denying the defendant’s motion to suppress the fruits of field sobriety tests because the investigatory stop did not ripen into an arrest without probable cause when police transported the defendant from a parking lot to the police station one mile away to perform the tests.

State v. Joseph M. Heroff,  2025AP684-CR, 12/23/25, District II (ineligible for publication); case activity

COA applies general reasonable suspicion principles to uphold a stop based on overly dark tint, holding that the officer’s testimony was sufficient and that he did not need to articulate any specific expertise as to the legal tint percentage.

State v. Richard T. Weske, 2025AP154-CR, 11/5/25, District II (ineligible for publication); case activity

Weske appeals the circuit court’s denial of his motion to suppress evidence on the basis that the investigatory traffic stop constituted an unreasonable seizure because the officer was outside his jurisdiction and was therefore without authority to conduct the stop. COA affirms, concluding that the officer had reasonable suspicion to conduct a traffic stop for a suspected OWI, and Weske conceded that the officer had the authority to do so outside his jurisdiction under Wis. Stat. § 349.03(4).

Noem v. Perdomo, USSC No. 25A169, 9/8/2025, Scotusblog page

SCOTUS stayed a district court’s order enjoining immigration agents from conducting stops in the Los Angeles area unless the agent has reasonable suspicion that the person stopped is within the United States in violation of immigration law.

Fond du Lac County v. Andrew Joseph Ludwig, 2025AP183, 8/20/25, District II (one-judge decision; ineligible for publication); case activity

Ludwig appeals from a judgment convicting him of OWI 1st, and challenges the order denying his suppression motion. He contends that the sheriff deputies “unconstitutionally detain[ed him]” by failing to conduct the OWI investigation in a sufficiently diligent manner. COA disagrees and affirms.

State v. Peter Joseph Idell, 2024AP2230, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity

The COA holds that an odor of intoxicants and the driver’s 2009 conviction for OWI established reasonable suspicion to extend stop for expired license plates to investigate OWI.