On Point: G. Reasonable suspicion

court of appeals decision (1-judge; not for publication); for Able: Francesco G. Mineo; BiC; Resp.; Reply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court of appeals decision (1-judge; not for publication)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court of appeals decision (1-judge, not for publication) BiC; Resp.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court of appeals decision (1-judge; not for publication); BIC; Resp.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

court of appeals decision (1-judge; not for publication); BiC; Resp.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

Traffic Stop – Reasonable Suspicion – § 346.072(1)
“We are satisfied that a reasonable officer could reasonably suspect that, by driving 28 to 30 miles per hour in a 25-mile-per-hour zone within 2 to 3 feet of the squad cars, Statz did not slow down, maintain a safe speed for traffic conditions,

State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161
For Carroll: Michael K. Gould, SPD, Milwaukee Appellate

Issue/Holding: Frisk analysis applies to police demand that suspect drop object in hand, ¶22.

¶23      Here, Carroll led officers on a high-speed chase in a car that the officers had been observing in connection with an armed robbery investigation, and exited his car quickly while holding an unknown object. 

State v. Sameeh J. Pickens, 2010 WI App 5, reconsideration denied 1/20
For Pickens: Eileen A. Hirsch, SPD, Madison Appellate

Issue/Holding: A temporary detention is narrowly circumscribed, in terms of duration and intensity, by the least intrusive means necessary to dispel suspicion¸¶27. Thus, in the absence of any reason to believe weapons were present, use of handcuffs on Griffin was unjustified, ¶30.

¶33   In sum,

court of appeals decision (1-judge, not for publication); Resp Br.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

Traffic Stop – Failure to Yield to Stopped Police Vehicle
Stop for failure to yield unsupported: “§ 346.072, by its plain language, only requires a motorist to change lanes if there are two or more lanes in the motorist’s direction of travel and it is safe to do so,” ¶11; no “testimony that Baake failed to slow down or that he was traveling at an unsafe speed,