On Point: G. Reasonable suspicion

State v. Brynton C. Foston, 2022AP387, 9/14/22, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs)

An officer saw Foston driving without headlights between 2:00 and 3:00 a.m. and activated his emergency lights. Foston didn’t stop. He accelerated, pulled into his driveway, and stumbled as he tried to reach his back door. The officer started giving commands, and Foston, who had bloodshot eyes and slurred speech became argumentative.

City of West Bend v. Peter F. Parsons, 2022AP98, 8/17/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

This is an appeal of convictions for violating local ordinances in conformity with the state laws outlawing OWI. The court of appeals affirms.

State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs)

Police arrested Gajewski in the curtilage of her home without a warrant and exigent circumstances. While this makes the arrest unlawful, the evidence obtained from the arrest is not subject to suppression because police had probable cause to arrest her.

State v. Avan Rondell Nimmer, 2022 WI 47, June 23, 2022, reversing an unpublished court of appeals decision; case activity (including briefs)

This decision ultimately involves only the application of well-settled 4th Amendment law to the particular facts of the case rather than development of the law. But it comes perilously close to something worse, for three justices embrace a modification of the quantum of evidence needed to justify an investigatory stop and accept uncritically the claims that the manufacturer of ShotSpotter acoustic sensors makes for the accuracy of its product and touts the device’s asserted accuracy in assessing reasonable suspicion in future cases.

County v. Buffalo v. Kevin J. Rich, 2020AP1526, 6/7/22, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs)

The court of appeals rejected all three of Rich’s challenges to his OWI 1st conviction. It held that the deputy did have reasonable suspicion to stop Rich’s jeep and to expand the stop to require field sobriety tests. It also held that even though Rich gave six breath samples, he consented to and completed just one breath test.

State v. Travis R. Braly, 2021AP2086-CR, District 4, 6/9/22 (one-judge decision; ineligible for publication); case activity (including briefs)

Braly challenges the stop of the car he was driving, arguing it was clearly erroneous for the circuit court to find that the officer who stopped him had reasonable suspicion to believe he had not stopped prior to entering an intersection as required by § 346.46(1) and (2)(c). The circuit court rejects the claim based on the officer’s testimony, the squad camera footage, and the circuit court’s findings.

State v. Joshua John Hansen, 2021AP1006 & 2021AP1620-CR, District 4, 5/5/22 (one-judge decision; ineligible for publication); case activity (including briefs)

A blue light illuminating the rear license plate is an apparent equipment violation and thus justified the stop of Hansen’s car. Once stopped, the officer had reasonable suspicion to extend the stop to investigate whether Hansen was operating while intoxicated.

State v. Eric Trygve Kothbauer, 2020AP1406-CR, District 3, 5/3/22 (one-judge decision; ineligible for publication); case activity (including briefs)

Kothbauer challenges his trial lawyer’s representation in a prosecution for operating while intoxicated and with a prohibited alcohol concentration. The court of appeals holds trial counsel wasn’t deficient or, even if he was, the deficiency wasn’t prejudicial.

State v. Bradley C.  Burgess, 2021AP1067-CR, District 4, 4/21/22 (not recommended for publication); case activity (including briefs)

A traffic stop should last only as long as necessary for the police to complete the “mission” of investigating the traffic infraction that justified the stop, including ordinary inquiries incident to the stop. Rodriguez v. U.S., 575 U.S. 348 (2015); State v. Smith, 2018 WI 2, 379 Wis. 2d 86, 905 N.W.2d 353. Applying that standard here, the court of appeals holds the stop of the car Burgess was riding in wasn’t unreasonably extended by the officer’s asking the passengers for identification and running records checks on them.

State v. Charles W. Richey, petition to review a per curiam opinion granted 4/13/22; case activity (including briefs)

Question presented:

Whether, at the time of the stop, Officer Meier only had a generalized hunch that Richey’s motorcycle may have been the one that committed a traffic violation.