On Point: G. Reasonable suspicion

court of appeals decision (1-judge; not for publication); for Dewitt: Thomas E. Hayes; BiC; Resp.

Detention for 90 Minutes not Unreasonable

Stop of motorist Dewitt by officer who, because he was off-duty, could not under departmental rules himself perform arrest, wasn’t unnecessarily prolonged by 90 minute delay until on-duty officer could show up.

¶15 Dewitt has presented no evidence to show that Officer Geffert,

court of appeals decision (1-judge; not for publication);  for Miske: Sarvan Singh; BiC; Resp.

Terry Stop – Voluntary Encounter

A voluntary encounter, rather than Terry stop, occurred where Miske came to a stop when approaching two squads flanking “an unlit back country road” at 1:00 a.m.:

¶12      When Miske and his partner stopped, they were on a narrow road,

court of appeals decision (1-judge, not for publication); for Davison: Steven Cohen; BiC; Resp.; Reply

Reasonable Suspicion – OWI
Reasonable suspicion found to administer field sobriety tests, where Davison admitted drinking 4 or 5 beers, had alcohol on his breath, was in close proximity to the bar where he had been drinking, and it was bar closing time.

“Bar closing time”

court of appeals decision (1-judge; not for publication); for Pintar: Sarvan Singh; BiC; Resp.; Reply

Probable Cause – Traffic Violation
The police had probable cause to believe Pintar violated § 343.13(1), given uncontroverted testimony that his vehicle “moved across the center skip line (of I-94) into the lane of a car that was approaching from the rear, causing the car to activate its break lights and move out of the way.”

court of appeals decision (1-judge; not for publication); for Able: Francesco G. Mineo; BiC; Resp.; Reply

Reasonable Suspicion, Stop
Police had reasonable suspicion for temporary detention: after business hours, car pulled into parking lot of fitness club that had been subject of recent burglaries.

Conclusion unremarkable save perhaps court’s inexplicable emphasis that event occurred “close to bar closing time,” ¶12.

court of appeals decision (1-judge; not for publication)

Traffic Stops
No seizure, given that police neither “prompted” Hennessey to park car not blocked him in; therefore reasonable suspicion not necessary to approach car.

State v. Robert A. Tomaszewski, 2010 WI App 51; for Tomazewski: Devon M. Lee, SPD, Madison Appellate; Resp. Br.; Reply Br.

¶6 n. 3:

Tomaszewski argues this is not a case in which reasonable suspicion that he was violating a traffic law would justify the stop. In Tomaszewski’s view, a temporary detention may be justified by reasonable suspicion only where an officer cannot determine,

court of appeals decision (1-judge, not for publication) BiC; Resp. Br.; Reply Br.

Terry Stop
Reasonable suspicion found, based on citizen informant report of pickup truck slowly going back and forth down a residential street at 3:30 in the morning and “approaching various houses”; “lawful but unusual and suspicious driving may be the basis of an officer’s reasonable suspicion.”

court of appeals decision (1-judge; not for publication); BIC; Resp. Br.

Traffic Stop – Reasonable Suspicion
Stop was supported by reasonable suspicion, given trial court findings that “Johnson’s vehicle crossed the fog line and drifted across the lane to the area of the center line, weaved from the right to the left while negotiating curves in the road, moved close enough to the center line on a curve to cause concern that it might collide with an oncoming vehicle,

7th Circuit decision

Terry Stop / Frisk
1. Pulling up in a patrol car and telling Gentry to keep his hands up amounted to a stop for purposes of Terry analysis.

2. The stop, which was based on a report of a “suspicious person,” without reference to any specific facts concerning a crime, was not supported by reasonable suspicion to believe Gentry had either committed a crime or was armed.