On Point: G. Reasonable suspicion

State v. William R. Hartman, 2011AP622, District 4, 9/20/12

court of appeals decision (1-judge, ineligible for publication); case activity

OWI – Refusal Hearing – Raising Challenge to Lawfulness of Stop

Refusal hearing supports litigation of lawfulness of stop; State v. Anagnos, 2012 WI 64, ¶42, 341 Wis. 2d 576, 815 N.W.2d 675, followed:

 ¶14      Accordingly, we reject the State’s contention that Hartman improperly raised the issue of reasonable suspicion at the refusal hearing.   

Village of Menomonee Falls v. Timothy E. Rotruck, 2012AP1024-FT, District 2, 9/1, District 2, 9/19/12

court of appeals decision (1-judge, ineligible for publication); case activity

Concededly proper traffic stop; after citations issued, officer sought and obtained consent to search vehicle, resulting in seizure of contraband – court concludes that, under the circumstances, traffic stop had clearly ended thus consent wasn’t product of an unnecessarily prolonged (therefore illegal) detention.

State v. Carl Rissley, 2012 WI App 112 (recommended for publication); case activity 

Reasonable suspicion supported Terry stop to investigate possible crime. Homeowner called police to report early-morning confrontation with possible trespasser, who then took flight in van at high rate of speed, and officer stopped vehicle matching description within five minutes of report:

¶13      All of this occurred just before 3:00 a.m.  When a citizen is confronted in his driveway by an unknown stranger at this time in the morning,

State v. Eric K. Fredlund, 2012AP742-CR, District 2, 8/22/12

court of appeals decision (1-judge, ineligible for publication); case activity

An officer’s observation that a vehicle’s headlights “just appear[ed],” such that the officer couldn’t tell if the vehicle had been traveling down the roadway without lights, supported a traffic stop.

¶6        From the deputy’s observation of Fredlund’s vehicle at around “4 or 4:30 in the morning,” a reasonable officer could reasonably infer that Fredlund was violating the law by driving down the highway without the vehicle’s headlights turned on.  

State v. Paul J. Mayek, 2012AP398-CR, District 3, 8/21/12

court of appeals decision (1-judge, ineligible for publication); case activity

¶8        Although we have concluded Rasmussen did not seize Mayek until after he approached Mayek’s vehicle, it is impossible to tell from Rasmussen’s testimony precisely when the seizure occurred.  Neither the parties, nor the circuit court, appear to have given serious consideration to the issue.  Rasmussen was not questioned about what took place after he approached Mayek’s vehicle.  

Village of Jackson v. John W. Hespe, 2012AP680-FT, District 2, 8/15/12

court of appeals decision (1-judge, ineligible for publication); case activity

“Unsafe,” but not necessarily “illegal” rate of speed supported traffic stop, State v. Anagnos, 2012 WI 64, 341 Wis. 2d 576, 815 N.W.2d 675, followed:

¶6        Here, Hespe contends that while the court found that his speed was not normal,

State v. Johnnie Austin, 2011AP2953-CR, District 1, 8/14/12

court of appeals decision (1-judge, ineligible for publication); case activity

Continued detention of Austin, following an indisputably proper stop for illegal parking, was supported by reasonable suspicion:

¶14      This court disagrees; the trial court properly found Officer Tisher’s continued detention of Austin reasonable.  If, during a valid traffic stop, an officer becomes reasonably suspicious of an individual,

State v. Craig R. Moss, 2012AP259-CR, District 3, 8/14/12

court of appeals decision (1-judge, ineligible for publication); case activity

Terry stop of Moss’s car supported by reasonable suspicion of involvement in drug activity:

¶10      While patrolling a high crime area in the middle of the night, Steffens observed a vehicle stop briefly in front of a known drug house.  When the vehicle observed Steffens’ squad car,

State v. Michael P. Green, 2011AP2137-CR, District 2, 8/8/12

court of appeals decision (1-judge, not for publication); case activity

Traffic stop, based on report by gas station attendant of suspected drunk driver, was sufficiently reliable to support investigatory stop.

¶10      This court has previously held that a tip shows sufficient indicia of reliability to justify an investigative stop when the informant identifies himself or herself to the dispatcher,

State v. Jason M. Jacobs, 2012 WI App 104 (recommended for publication); case activity

Search & Seizure – Consent – Blood Draw

Following a fatal traffic accident, Jacobs performed field sobriety tests well enough that he wasn’t placed under arrest, but he was asked to submit to a blood draw. Jacobs called his attorney, who advised him not to consent to the draw, but Jacobs nonetheless agreed to go to the hospital with an officer to have a blood test.