On Point blog, page 59 of 60

Reasonable Suspicion – Frisk – drug investigation – auto

State v. Roosevelt Williams, 2001 WI 21, on remand from U.S. S.Ct., 529 U.S. 1050 (2000), previously reported: State v. Roosevelt Williams, 225 Wis. 2d 159, 591 N.W.2d 823 (1999); State v. Williams, 214 Wis. 2d 412, 570 N.W.2d 892 (Ct. App. 1997).For Williams: Melinda Swartz, SPD, Milwaukee Appellate.

Issue: Whether the police had reasonable suspiciion to conduct a “protective search”

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Reasonable Suspicion – Stop – Basis – Warrant Execution – leaving house where warrant being executed

State v. Louis Taylor, 226 Wis.2d 490, 595 N.W.2d 56 (Ct. App. 1999)
For Taylor: Donald T. Lang, SPD, Madison Appellate.

Holding: Taylor walked out the back door as police were knocking on the front door to execute a warrant for someone else, in an area described as “high drug … high gang.” The police were entitled to seize him:

We agree with the trial court that the totality of the facts supports a reasonable basis for Veselik’s suspicion that something unlawful was afoot with Taylor.  

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Reasonable Suspicion to Stop – Basis – Privileged Information – Public Safety Exception to Psychotherapist-Patient Privilege

State v. Curtis M. Agacki, 226 Wis.2d 349, 595 N.W.2d 31 (Ct. App. 1999)
For Agacki: John M. Carroll.

Issue: “(W)hether whether the psychotherapist-patient privilege can prevent a police officer, at a suppression motion hearing, from testifying about a psychotherapist’s account of a patient’s disclosure, which provided the basis for the officer’s probable cause to search the patient.”

Holding: Because the statements involved the patient’s threat of imminent harm to another,

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Reasonable Suspicion – Stop – Basis: Nervousness, Lateness of Hour, Picture of Mushroom

State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999)
For Betow: James C. Murray

Issue/Holding: The police didn’t have reasonable suspicion to extend a routine stop for speeding based on the following: the driver’s wallet was adorned with a picture of a mushroom, coupled with the officer’s experience that the depiction of mushrooms may signify hallucinogenic use; lateness of the hour; driver’s implausible explanation of itinerary;

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Reasonable Suspicion – Stop – Basis – High-Crime Area

State v. Tartorius Allen, 226 Wis.2d 66, 593 N.W.2d 504 (Ct. App. 1999)
For Allen: Steven D. Phillips, SPD, Madison Appellate.

Holding:

Allen and his companion being in a high-crime area, standing alone, would not be enough to create reasonable suspicion. A brief contact with a car, standing alone, would not be enough to create reasonable suspicion. Hanging around a neighborhood for five to ten minutes,

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Reasonable Suspicion – Stop – Basis – Officer’s “Good Faith” Interpretation of Ambiguous Statute

State v. Michael M. Longcore (I), 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999), affirmed by equally divided vote, 2000 WI 23, 233 Wis. 2d 278, 607 N.W.2d 620
For Longcore: William E. Schmaal, SPD, Madison Appellate.

Holding: Longcore was stopped because his rear window was missing (it had been replaced with a plastic sheet). The state argues that this violated Wis. Stat. § 347.43(1) –

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Reasonable Suspicion – Stop – Duration – Traffic Offense – Extended Beyond Permissible Limits

State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999)
For Betow: James C. Murray.

Issue/Holding:

There is no question that a police officer may stop a vehicle when he or she reasonably believes the driver is violating a traffic law; and, once stopped, the driver may be asked questions reasonably related to the nature of the stop-including his or her destination and purpose.

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Arrest — Test for Custody — Traffic Offense: Temporary Stop Not Converted to Arrest

State v. Dale Gruen, 218 Wis. 2d 581, 582 N.W.2d 728 (Ct. App. 1998)
For Gruen: Scott F. Anderson

Issue/Holding: Temporary detention of Gruen based on reasonable suspicion that he had caused an automobile accident while intoxicated was not converted into arrest, where the 1st officer detained him for no more than 15 minutes until a 2nd officer, from the appropriate jurisdiction could arrive; and, Gruen consented to sit in the police van to get out of the cold until the 2nd officer arrived.

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Arrest — Test for Custody — Temporary Stop Not Converted to Arrest by Moving Suspect

State v. Quartana, 213 Wis.2d 440, 570 N.W.2d 618 (Ct. App. 1997)
For Quartana: Donal L. Connor II

Issue/Holding:

… Thus, when a person under investigation pursuant to a Terry stop is moved from one location to another, there exists a two-part inquiry. First, was the person moved within the “vicinity?” Second, was the purpose in moving the person within the vicinity reasonable?”Vicinity” is commonly understood to mean “a surrounding area or district”

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Reasonable Suspicion – Stop – Basis – Vehicle: Armed Robbery Investigation

State v. Anthony Harris, 206 Wis. 2d 243, 557 N.W.2d 245 (1996), reversing unpublished decision of court of appeals
For Harris: Robert J. Diaz

Issue/Holding:

The only specific and articulable facts of the record before us, namely that a vehicle pulled away from the curb close to the robbery suspect’s address, and that the vehicle contained several black males, do not amount to reasonable,

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