On Point: G. Reasonable suspicion

State v. Kelly W. Brown, 2018AP2382-CR, Distrct 4, 5/23/19 (1-judge opinion, ineligible for publication); case activity (including briefs)

Deputy Weinfurter stopped Brown because he thought that Brown’s car had 6 headlights illuminated on its front rather than the maximum of 4 allowed by §347.07(1). The stop led to an OWI 2nd charge. Brown moved to suppress arguing that the deputy’s assumptions about the number of headlights on his car were unreasonable. Indeed his car had only 4 headlights.

State v. John Patrick Wright, 2019 WI 45, reversing an unpublished court of appeals decision; case activity (including briefs)

The supreme court holds (again) that, as part of any routine traffic stop, police may ask a driver whether he or she is carrying a weapon.

Kansas v. Glover, USSC No. 18-556, certiorari granted 4/1/19

Question presented:

Whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary.

State v. Faith A. Parafiniuk, 2018AP1956, District 2, 3/27/19 (one-judge decision; ineligible for publication); case activity (including briefs)

The stop of Parafiniuk’s car was supported by reasonable suspicion and the officer had sufficient reason to extend the stop to administer field sobriety tests.

State v. Kevin Ian End, 2018AP1437, 3/6/19, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs)

An anonymous caller told police about a vehicle swerving in her lane and having difficulty with speed control. She provided no license late number. An officer proceeded to the area and saw a vehicle make an assortment of traffic violations. When the vehicle eventually went over a curb, the officer activated his lights and conducted a stop. The driver, End, was charged with OWI and PAC as second offenses. On appeal he challenged the stop.

Marquette County v. Christopher Patrick Bray, 2018AP665, 2/28/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs).

Bray was convicted of OWI. He argued that the circuit court should have suppressed statements he made to a sergeant during a traffic stop because he wasn’t Mirandized. The court of appeals held that Bray wasn’t in custody so no Miranda warning was necessary.

State v. James R. Mueller, 2018AP44-CR, 2/12/19, District 3 (1-judge opinion, eligible for publication); case activity (including briefs).

Mueller conceded that an officer had reasonable suspicion to stop him. He argued that the officer extended the stop based on a “hunch” and that his FSTs results did not provide probable cause for arrest or sufficient evidence to convict him because they test for impairment by alcohol, not prescription meds.

State v. Brady R. Adams, 2018AP174-CR, 1/15/19, District 3 (1-judge, ineligible for publication); case activity (including briefs)

Noting that no Wisconsin precedent addresses the issue in this case, the court of appeals follows United States v. Bohman, 683 F.3d 861 (7th Cir. 2012) and holds that the suspicion of illegal activity in a place is not enough to transfer that suspicion to anyone who leaves that place such as would justify an investigatory detention.

State v. William J. Smith, 2018AP320-CR, District 1, 12/11/18 (not recommended for publication); case activity (including briefs)

The encounter between police and Smith wasn’t a seizure, so the search of Smith wasn’t the fruit of an illegal seizure.

Grant County v. Kenneth Jay Raney, Sr., 2018AP700, 12/6/18, District 4, (1-judge opinion, ineligible for publication); case activity 

A jury convicted Raney of IWI, 1st offense. On appeal, he represented himself, which caused the court of appeals a lot of frustration. Opinion, ¶2. It rejected most of his arguments as being forfeited, undeveloped, or contradicted by the record. His one preserved argument–whether the field sobriety test results established probable cause–failed on the merits.