On Point blog, page 13 of 59
Anonymous tip and officer’s own observations supported traffic stop
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.
Polite questioning about drinking and evening plans don’t amount to custody or require Miranda warning
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.
Court of appeals affirms extension of stop and OWI 4th for impairment from prescription medication
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.
Defense win! Driving near scene of crime does not create reasonable suspicion for stop
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.
Police encounter with defendant in store vestibule wasn’t a seizure
State v. William J. Smith, 2018AP320-CR, District 1, 12/11/18 (not recommended for publication); case activity (including briefs)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.
FST results provided probable cause for OWI arrest
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.
Court of appeals asks SCOW to review another case involving extension of a traffic stop
State v. Courtney C. Brown, 2017AP774-CR, District 2, 11/21/18; case activity (including briefs)
Issue:
[A]fter a ticket has been written but before delivery [of the ticket to the motorist], and in the absence of reasonable suspicion, does asking a lawfully stopped motorist to exit the car, whether he or she possesses anything of concern, and to consent to a search unlawfully extend a traffic stop?
Quasi-anonymous tip about drunk driving justified stop, despite lack of bad driving
State v. Emily J. Mays, 2018AP571-CR, District 2, 11/7/2018 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court found the stop of Mays’s car was unlawful because the officer’s testimony and the squad car video showed that, during the time the officer was following Mays, her driving didn’t provide sufficient reasonable suspicion to believe Mays was intoxicated. The court of appeals reverses, holding that the 911 call that led the officer to follow Mays provided reasonable suspicion for the stop.
Driver’s failure to yield on entering roundabout justified traffic stop
State v. Nicholas C. Wegner, 2017AP2236-CR, District 2, 10/23/18 (not recommended for publication); case activity (including briefs)
A police officer testified he was proceeding through a traffic roundabout when Wegner, ignoring the yield signs posted for vehicles entering the roundabout, entered directly in front of the officer and caused the officer to have to brake to avoid hitting Wegner. (¶4). This conduct justified the officer’s stop of Wegner.
Radar was working, so speed reading provided reasonable suspicion for stop
City of Watertown v. Jeffrey Donald Perschke, 2018AP555, District 4, 10/18/18 (one-judge decision; ineligible for publication); case activity (including briefs)
An officer stopped Perschke after the radar device the officer was using clocked Perschke going 38 in a 25-mile-per-hour zone. Perschke claims the officer lacked reasonable suspicion to stop him because the radar wasn’t working properly, but the circuit court’s finding to the contrary dooms Perschke’s argument.