On Point: G. Reasonable suspicion

In May, On Point reported on U.S. v. Randy Johnson, a split decision by the 7th Circuit in which the dissent accused the majority of authorizing Milwaukee police to seize someone for “parking while black.” See our post here. Guess what? The 7th Circuit just granted rehearing en banc, so stay tuned for further developments this case.

State v. Jeffrey Jacob Udelhofen, 2016AP385-CR, 8/4/16, District 4 91-judge opinion; ineligible for publication); case activity (including briefs)

The defendant was convicted of driving with a PAC (3rd offense). He appealed the denial of his suppression motion and argued that the State: (a) waited too long–until closing arguments at the suppression hearing–to specify which traffic law he allegedly violated; and (b) lacked reasonable suspicion to stop his car. The court of appeals held:

State v. Thomas M. Ort, 2015AP1571-72-CR, 8/2/16; District 3 (1-judge opinion; ineligible for publication); case activity (including briefs)

Ort did not challenge the circuit court’s findings that Officer Vosters observed a silver truck speeding and that speeding would be a reasonable basis to stop the truck. Ort’s objection was that after observing the speeding, Vosters lost sight of the truck briefly and then later simply stopped “the first silver truck he saw.”  The court of appeals disagreed:

You don’t need to click here to learn that the standards police apply when deciding to stop and search black and Hispanic drivers is considerably lower than the standards they apply to white and Asian driver. But you should click there if you want to read more about a new statistical method that several Stanford professors designed to prove that this form racial discrimination is real.

State v. Michael L. Joy, 2015AP960-CR, District 3, 7/26/16 (one-judge decision; ineligible for publication); case activity (including briefs)

An officer’s multiple good-faith factual mistakes didn’t invalidate his stop of a truck to investigate a possible registration violation.

State v. Cynthia J. Popp, 2016AP431-CR, District 4, 7/7/16 (one-judge decision; ineligible for publication); case activity (including briefs)

There was reasonable suspicion to continue detaining Popp for field sobriety testing even though the officer didn’t smell alcohol on her and told dispatch and a back-up officer he wasn’t sure what caused the poor driving he’d observed.

State v. Lewis O. Floyd, Jr., 2016 WI App 64, petition for review granted 1/9/2017, affirmed, 2017 WI 78; case activity (including briefs)

Police found drugs on Floyd after they searched him during a traffic stop. Floyd claims the traffic stop was extended beyond what was necessary to issue the citations he was given and that he didn’t consent to the search. The court of appeals turns back both challenges.

State v. Joshua J. Hams, 2015AP2656-CR, 6/30/16, District 4; (1-judge opinion; ineligible for publication); case activity (including briefs)

Don’t look down! If you do–and stutter nervously in response to questioning–the police have reasonable suspicion to extend a stop of your car for a traffic violation. So says the court of appeals in a decision that veers across the constitutional line and runs into federal case law heading the opposite direction.

State v. Tory C. Johnson, 2015AP1322-CR, 6/28/2016, District 1 (not recommended for publication); case activity (including briefs)

Tory Johnson raises various challenges to his jury-trial conviction for resisting an officer causing substantial bodily harm.

State v. Chad T. Kippley, 2015AP1671-CR, 5/19/16, District 4 (unpublished opinion); case activity (including briefs)

A warden observed Kippley’s boat travelling at a slow speed in bow-up position. Based on his training and experience, the warden suspected that the boat was equipped with a motor in excess of its maximum horsepower rating, so he stopped Kippley and obtained evidence that led to Kippley’s conviction for operating a boat while intoxicated.