On Point: G. Reasonable suspicion

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court of appeals decision (1-judge, not for publication); for Braun: Robert Nagel; case activity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.  

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court of appeals decision (not recommended for publication); for Young: Robert N. Meyeroff; case activity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,

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court of appeals decision (1-judge, not for publication); for Wittrock: Steven D. Grunder, SPD, Madison Appellate; case activity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,

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court of appeals decision (1-judge, not for publication); for Griffith: Walter Arthur Piel, Jr.; case activity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,

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.”).

on review of published opinion; for Anagnos: Barry S. Cohen; case activity; prior post

Traffic Stop – Reasonable Suspicion – OWI Refusal Hearing Challenge to Arrest

Issues (composed by On Point): 

1. Whether the officer could lawfully stop Anagnos’ vehicle for failing to use a turn signal where neither traffic nor pedestrians were present, § 346.34(1)(b).

2. Whether the officer had reasonable suspicion to stop Anagnos’

State v. Gary A. Senger, 2011AP1950-CR, District 2, 1/18/12

court of appeals decision (1-judge, not for publication); for Senger: Robert C. Raymond; case activity

Applying the test described in State v. Betow, 226 Wis. 2d 90, 94-95, 593 N.W.2d 499 (Ct. App. 1999) for extending a traffic stop, the court concludes that the officer had reasonable suspicion to administer FSTs following a stop for driving with a revoked license.

on review of summary opinion; for Miller: Martha K. Askins, SPD, Madison Appellate; case activity

Terry Stop – Reasonable Suspicion

Issue (composed by On Point): 

Whether information obtained from a jail inmate and other, anonymous sources established reasonable suspicion for a Terry stop.

Neither the court of appeals summary order nor Miller’s petition for review is available on-line. The briefs filed in the court of appeals indicate that Miller’s car was stopped after the police received information that he was transporting drugs.

County of Calumet v. Daniel A. Ryan, 2011AP490, District 2, 12/14/11

court of appeals decision (1-judge, not for publication); for Ryan: John M. Carroll; case activity

Officers, investigating a one-car accident, approached Ryan’s home, knocked on his door and “(a)fter several minutes of ‘back and forth,’ Ryan came out of his residence” (admittedly “voluntarily”). Subsequent testing revealed him to be intoxicated and he was convicted of OWI.

State v. Brian S. Wold, 2011AP1518-CR, District 2, 12/14/11

court of appeals decision (1-judge, not for publication); for Wold: Patrick A. Dewane, Jr.; case activity

Report from a named, citizen informant that a particular vehicle was “driving all over the roadway” was sufficiently reliable to support traffic stop for OWI, even though after spotting the vehicle, the officer followed it for a mile without himself observing any traffic violations.