On Point: G. Reasonable suspicion

County of Winnebago v. Ryan C. Kaltenbach, 2022AP794, District 2, 1/18/23 (one-judge decision; ineligible for publication); case activity (including briefs)

Though this is a “close case” (¶¶4, 11), the facts are sufficient to establish reasonable suspicion to detain Kaltenbach to have him perform field sobriety tests.

State v. Donte Quintell McBride, 2021AP311-CR, 12/20/22, petition for review granted, 4/18/23, affirmed, 2023 WI 68;District 2; case activity (including briefs) District 1 (not recommended for publication); case activity (including briefs).

In a 2-1 decision, Judge Donald (joined by Judge White) holds that officers do not have reasonable suspicion to seize the passenger of an SUV just because he and the driver were sitting in the SUV with the lights off in an alley at night in a high crime area and the passenger moved when the officer shined a spotlight at him. Judge Dugan filed a lengthy dissent.

State v. Nicholas A. Conger, 2022AP844, 12/14/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

A cop stopped Conger’s vehicle for a broken high-mounted stop lamp. On approaching the vehicle, the officer would testify, he smelled intoxicants. He asked Conger what he was smelling, to which Conger replied “Probably the pot.” Conger then turned over a small amount of cannabis and an open can of Mike’s Hard Lemonade to the officer. He also said he’d had some alcohol. The officer asked Conger to perform field sobriety tests; Conger agreed and was ultimately arrested for, charged with, and convicted of operating with a detectable amount of a restricted controlled substance in his blood.

State v. Charles W. Richey, 2021AP142-CR, reversing an unpublished COA opinion; 12/9/22, case activity (including briefs)

“Freedom for all,” including the driver of the Harley in this case. In a quirky 4-3 decision, the liberal justices plus RGB hold that a deputy’s warning to be on the lookout for a Harley-Davidson driving erratically and speeding north on Alderson Street did not amount to reasonable suspicion for an officer stop a Harley driving normally about a 1/2 a mile away.

Waupaca County v. Hunter Ja Dean Wheelock, 2022AP860, 11/3/2022 (one-judge decision; ineligible for publication); case activity (including briefs)

An sheriff’s deputy saw Wheelock and another man sitting in a car parked on the side of a dead-end road in Waupaca County. This particular road was apparently in a “highly problematic” are of that county where young men “engage[] in disorderly behavior and underage drug use and drinking parties.” When the deputy pulled up next to the vehicle, he rolled down his window, as did Wheelock. The deputy asked Wheelock and the passenger what they were up to, and they said they were looking for a place to go sledding. The deputy said he observed “glassy, red, and watery eyes.” This, says the court of appeals, was enough for reasonable suspicion (as a result of the stop Wheelock was charged with OWI).

State v. James Timothy Genous, 2019AP435-CR, 11/1/22, District 1 (not recommended for publication); case activity (including briefs)

In 2020 the court of appeals held that police didn’t have reasonable suspicion to stop Genous to investigate whether he was selling drugs. The supreme court reversed and sent the case back to the court of appeals to address the lawfulness of the searches of Genous’s shoes and socks and his car. Over a dissent, the court of appeals holds  they were.

State v. Jay G. Jacomet, 2021AP2186-CR, District 2, 10/12/22 (one-judge decision; ineligible for publication); case activity (including briefs)

Under the totality of the circumstances, the police had a reasonable basis to suspect Jacomet was operating while intoxicated, so detaining him for field sobriety testing was lawful.

State v. Annika S. Christensen, 2022AP500, 9/9/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Christensen was one of two occupants of a parked car after dark. A police truck approached, parked close behind her, and shined its takedown light into the car. At least one officer got out of the car and knocked on the window. In a carefully-reasoned, well-explained decision, the court of appeals affirms the circuit court’s holding that Christensen was seized at this moment, and that the police lacked reasonable suspicion for that seizure.

State v. Todd W. Vaughn, 2022AP644-Cr, 9/29/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)

Vaughn was convicted of operating a vehicle with a PAC, second offense. He claimed that the deputy who stopped him lacked reasonable suspicion because he acted solely on an uncorroborated anonymous tip. The court of appeals held that the tip provided reasonable suspicion for the stop because  it had “indicia of reliability” that were “suitably corroborated” as required by State v. Williams, 2001 WI 21, ¶31, 241
Wis. 2d 631, 623 N.W.2d 106.

County of Jefferson v. Julianne Trista Wedl, 2022AP328, 9/9/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Wedl was driving her car when she came upon another vehicle engulfed in flames. An off-duty police officer also happened by and stopped. When the first on-duty officer arrived, he approached Wedl, who seemed to be in shock. He conversed with her and detected an odor of intoxicants when she spoke. He didn’t tell her he suspected anything, though: he said someone would get her statement about the burning car shortly, and suggested she wait in the back of his squad as it was chilly out.