On Point blog, page 40 of 59
Reasonable Suspicion – Anonymous Call
State v. Joel R. Medrow, 2011AP2314, District 1, 5/15/12
court of appeals decision (1-judge, not for publication); for Medrow: Chad A. Kanning; case activity
An anonymous call to the police reported that the caller had followed a possibly impaired driver who had turned parked in the front parking lot of the Cudahy Police Department; the report included the vehicle’s license plate number. The court concludes that, upon seeing Medrow just outside that vehicle,
Reasonable suspicion — traffic stop
County of Waukesha v. Thomas C. Groshek, 2011AP001371, District 2/4, 5/3/12
court of appeals decision (1-judge, not for publication); for Groshek: Thomas C. Simon; case activity
¶7 Deputy Smith was dispatched to a semi-rural area to investigate a report that a motorcycle had been involved in an accident at approximately 1:30 a.m., around “bar time,” in the vicinity of a bar. Smith was advised that following the accident,
Reasonable Suspicion – Traffic Stop – “Fishtailing”
State v. John E. Meddaugh, 2011AP237-CR, District 1, 5/1/12
court of appeals decision (1-judge; not for publication); for Meddaugh: Theodore Perlick Molinari; case activity
¶9 Based on the totality of the circumstances, we agree with the circuit court that Sturino put forth specific, articulable facts which warranted the stop when considered with the inferences from those facts. Sturino testified that shortly after hearing tires screech, he observed Meddaugh’s vehicle “fishtail.” Fishtailing,
Traffic Stop – 911 Call
State v. Michael L. Frank, 2011AP2306, District 3, 4/10/12
court of appeals decision (1-judge, not for publication); for Frank: Robert A. Kennedy, Jr.; case activity
Information, provided by a 911 caller reporting observations about Frank’s erratic driving, provided a basis for a lawful stop.
17 In this case, we conclude that Judge lawfully stopped Frank based on Shatzer’s tip.[3] A police officer may conduct a traffic stop if the officer has probable cause to believe a traffic violation has occurred or if the officer has reasonable suspicion,
Traffic Stop – Duration – Dog Sniff
State v. Dawn M. Fletcher, 2011AP1356-CR, District 3, 3/27/12
court of appeals decision (1-judge, not for publication); for Fletcher: Earl J. Luaders, III; case activity
The court upholds search of a car following a drug dog alert which occurred while an officer was still processing a warning ticket for a conceded traffic violation:
¶7 On appeal, Fletcher concedes the initial stop was lawful. She argues the dog sniff was illegal because the officer had no reasonable suspicion to detain the occupants of the vehicle to request a dog sniff.
Reasonable Suspicion – Traffic Stop, OWI
Village of DeForest v. Lynn J. Braun, 2011AP2116, District 4, 3/15/12
court of appeals decision (1-judge, not for publication); for Braun: Robert Nagel; case activity
Stop for driving under the influence unsupported by reasonable suspicion:
¶11 I likewise conclude that there were insufficient facts before Officer Schaefer which could lead him to reasonably suspect that Braun was driving a motor vehicle under the influence of an intoxicant.
Reasonable Suspicion; Instructions – Party to a Crime – Evidentiary Support; Ineffective Assistance of Counsel
State v. Jermaine Kennard Young, 2010AP2959-CR, District 1, 3/6/12
court of appeals decision (not recommended for publication); for Young: Robert N. Meyeroff; case activity
Reasonable suspicion existed to justify investigative stop of Young, based on a tip from confidential informant that someone matching Young’s description would be at a specified time and place to sell drugs.
¶13 When determining the reliability of a CI’s tip,
Reasonable Suspicion – Collective Knowledge Doctrine; Traffic Stop – Report of Intoxicated Driver
State v. Sherri A. Wittrock, 2011AP1538-CR, District 2, 2/15/12
court of appeals decision (1-judge, not for publication); for Wittrock: Steven D. Grunder, SPD, Madison Appellate; case activity
¶7 Where, as here, an officer relies on information provided by dispatch, “reasonable suspicion is assessed by looking at the collective knowledge of police officers.” See State v. Pickens, 2010 WI App 5,
Reasonable Suspicion – Traffic Stop – Crossing Fog Line
State v. Jordan T. Griffith, 2011AP2226-CR, District 2, 2/15/12
court of appeals decision (1-judge, not for publication); for Griffith: Walter Arthur Piel, Jr.; case activity
¶5 In order for an investigatory stop to be justified by reasonable suspicion, the officer must have a “‘particularized and objective basis’ for suspecting the person stopped of criminal activity.” State v. Walli, 2011 WI App 86,
Traffic Stop: Failure to Display Front Plate
State v. Terrence T. Boyd, 2012 WI App 39 (recommended for publication); for Boyd: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity
Because Boyd’s car was registered in a state (Illinois) that issues two plates, car could be stopped for failing to display a plate on the front, in violation of § 341.15(1) (“[w]henever 2 registration plates are issued for a vehicle, one plate shall be attached to the front and one to the rear of the vehicle.”).