On Point: G. Reasonable suspicion

State v. John R. Nelson, 2011AP125-CR, District 2, 12/7/11

court of appeals decision (1-judge, not for publication); for Nelson: John A. Nelson; case activity

The officer’s observation that Nelson’s vehicle intruded “somewhat into the intersection” before stopping provided reasonable suspicion for a stop-sign violation, § 346.46(1). The stop wasn’t unnecessarily prolonged by summoning a drug dog while the officer ran record checks and issued a warning ticket.

State v. Damon Keith Sutton, 2012 WI App 7 (recommended for publication); for Sutton: Maayan Silver; case activity

Reasonable Suspicion – “Frisk,” of Vehicle

Reasonable suspicion supported “protective search” of Sutton’s van following routine traffic stop: While the officer ran a document check, Sutton remained in the van. The officer discerned “distinct rocking motions,” which the officer’s training and experience informed her represented “someone who may be trying to retrieve or conceal a weapon.”

State v. Gustavo E. Lopez, 2011AP1037-CR, District 2, 11/23/11

court of appeals decision (1-judge, not for publication); for Lopez: Walter Arthur Piel, Jr.; case activity

¶8        While the record reveals that Lopez is correct in stating that the court took video evidence from the roadside stop into consideration when making the finding of probable cause, we disagree that this was in any way not allowed. When determining the facts available to the officer to formulate probable cause,

State v. Jamie L. Salonen, 2011 WI App 157 (recommended for publication); for Salonen: Robert J. Wells, Jr.; case activity

¶1        The trial court in this case granted Jamie L. Salonen’s motion to suppress evidence obtained after she asked to leave the scene of a roadside stop of a vehicle in which she was a passenger, which request was denied by police.  A passage in Arizona v.

City of Sheboygan v. Kathy L. Reindl-Knaak, 2011AP1090, District 2, 11/2/11

court of appeals decision (1-judge, not for publication); for Reindl-Knaal: Casey J. Hoff; case activity

¶7        The parties do not dispute that Reindl-Knaak’s vehicle had an expired front license plate, that the temporary plate affixed to the rear of the vehicle was later determined to be valid, and that Jaeger had probable cause to continue Reindl-Knaak’s detention based on the odor of alcohol and her “slow” speech.  

State v. Steven C. Cushman, 2011AP957, District 4, 10/20/11

court of appeals decision (1-judge, not for publication); for Cushman: John Smerlinksi; case activity

Probable cause to believe Cushman wasn’t wearing seat belt supported stop of his vehicle.

¶8        Wisconsin Stat. § 347.48 (2m)(gm) mandates seat belt use when operating a motor vehicle equipped with seat belts.[3]  In 2009, this statute was amended to remove language that had previously prohibited a law enforcement officer from stopping a vehicle based solely on the failure to wear a seat belt.  

State v. Jon Paul A. Fernandez, 2010AP1394-CR, District 2, 10/12/11

court of appeals decision (1-judge, not for publication); for Fernandez: Jefren E. Olsen, SPD, Madison Appellate; case activity

Concededly lawful traffic stop (operating without headlights) wasn’t unreasonably prolonged by warrant checks, arrest of passenger on warrant for unpaid forfeiture, and then search of car incident to that arrest, before the traffic ticket was issued, ¶11 (“Absent any indication of unreasonable delay,

State v. Rodney D. Johnson, 2010AP2470-CR, District 1, 10/4/11

court of appeals decision (not recommended for publication); for Johnson: Richard L. Kaiser; case activity

Acting on a drug tip, police targeted Johnson, and saw him driving a car with a cracked windshield. After Johnson got out of the car, the officers approached, and “asked” to talk to him, but he walked away. The officers then “asked” him to take his hands out of his pocket,

State v. Daniel R. Doyle, 2010AP2466-CR, District 4, 9/22/11

court of appeals decision (1-judge, not for publication); for Doyle: John C. Orth; case activity

Transport of drunk driving suspect 3-4 miles to local police station for purpose of administering field sobriety tests didn’t covert Terry stop into arrest, given that extreme, adverse weather conditions rendered impractical such testing at the scene.

¶11      Terry is codified in Wis.

City of Sheboygan Falls v. John D. Prinsen, 2011AP700, District 2, 9/14/11

court of appeals decision (1-judge, not for publication); for Prinsen: Kirk B. Obear, Casey J. Hoff; case activity

Probable cause supported stop for driving wrong way on highway, based on information provided ion a 911 call; State v. Rutzinski, 2001 WI 22, 241 Wis. 2d 729, 623 N.W.2d 516, applied:

¶11      The Rutzinski standard is met in this case.