On Point blog, page 53 of 59
Stop – Basis – Automobile: Display of Temporary Plate
State v. Raymond Lord, Jr., 2006 WI 122, reversing unpublished opinion
For Lord: George A. Tauscheck
Issue: Whether the police may stop an automobile solely because it displays a temporary license plate.
Holding:
¶4 … Law enforcement officers cannot stop an automobile to determine whether it is properly registered unless the officers have reasonable suspicion or probable cause to believe that either the automobile is being driven contrary to the laws governing its operation or that any occupant is subject to seizure in connection with the violation of an applicable law.
Stop – Basis – Already-Parked Car (Dicta)
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227
For Young: Martha K. Askins, SPD, Madison Appellate
(Apparent Dicta): Though a “close question,” in that “(w)hen a marked squad car pulls up behind a car, activates emergency flashers, and points a spotlight at the car, it certainly presents indicia of police authority,” ¶65, the court is “reluctant to conclude that the positioning of the officer’s car,
Stop – Basis – Test: Failure to Yield to Authority / Hodari D.
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227
For Young: Martha K. Askins, SPD, Madison Appellate
Issue/Holding:
¶26 Under Hodari D. and Kelsey, an uncomplied-with show of authority cannot constitute a seizure. …
…
¶37 Mendenhall is the appropriate test for situations where the question is whether a person submitted to a police show of authority because,
Reasonable Suspicion — Stop – Duration – Routine Traffic Offense – Prolonged to Seek Consent to Search Automobile
State v. Joseph R. Luebeck, 2006 WI App 87, (State’s) PFR filed 5/17/06
For Luebeck: Alex Flynn; Adam B. Stephens; Rebecca Robin Lawnicki
Issue: Whether the traffic stop, valid at inception, was impermissibly extended so as to invalidate consent to search the car.
Holding:
¶14 … (I)n its decision reaffirming the order granting Luebeck’s motion to suppress the evidence, the circuit court stated:
I don’t think any reasonable person would have felt this encounter had concluded and that he was free to leave.
Terry Stop — Basis – Informant: “Citizen” vs. “Confidential,” Generally
State v. Calvin R. Kolk, 2006 WI App 261
For Kolk: Michael Zell
Issue/Holding:
¶12 … Though there is some confusion in the case law, we believe that the distinction is that a confidential informant is a person, often with a criminal past him- or herself, who assists the police in identifying and catching criminals, while a citizen informant is someone who happens upon a crime or suspicious activity and reports it to police.
Terry Stop — Basis – Informant: Corroboration Lacking
State v. Calvin R. Kolk, 2006 WI App 261
For Kolk: Michael Zell
Issue/Holding: Information provided by a named, citizen informant (that Kolk had picked up drugs in Milwaukee and would be driving to Madison) was insufficiently reliable to support reasonable suspicion of criminal activity:
¶17 To recapitulate, the police were able to corroborate: (1) Kolk’s identity; (2) what kind of vehicle he drove; and (3) the fact that he would drive it,
Terry Stop – Basis – Anonymous Tip, And Suspicious Behavior
State v. Eugene Patton, 2006 WI App 235
For Patton: Daniel R. Clausz
Issue/Holding
¶10 Under appropriate circumstances, an informant’s tip can provide a law enforcement officer with reasonable suspicion to effectuate a Terry stop. Rutzinski, 241 Wis. 2d 729, ¶17; J.L., 529 U.S. at 270. However, before acting on an informant’s tip,
Stop – Basis – Reasonable Suspicion, “Problem Area,” “Lingering” in Car
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227
For Young: Martha K. Askins, SPD, Madison Appellate
Issue/Holding: The police had reasonable suspicion to stop Young because: he was in a parked car with Illinois plates, which had “lingered” for 5 or 10 minutes around midnight around the corner from a bar, in a “problem area”:
¶64 Although there are innocent explanations for why five people would be sitting in a car for five to 10 minutes,
Reasonable Suspicion – Stop – Basis – Test: Failure to Yield to Authority
State v. Damian Darnell Washington, 2005 WI App 123
For Washington: Diana M. Felsmann, SPD, Milwaukee Appellate
Issue/Holding:
¶13 In United States v. Mendenhall, 446 U.S. 544 (1980), the Supreme Court stated that “[w]e adhere to the view that a person is ‘seized’ only when, by means of physical force or a show of authority, his freedom of movement is restrained[,]” id.
Terry Stop – Basis – Anonymous Tip, Generally
State v. Eugene Patton, 2006 WI App 235
For Patton: Daniel R. Clausz
Issue: Whether the police had reasonable suspicion to detain on the basis of an anonymous tip, where the suspects not only matched the description of the anonymously-reported armed robbery, but also engaged in potentially suspicious behavior in response to police presence.
Holding:
¶21 Thus, the instant case has more than J.L.