On Point: c. Duration

State v. Michael D. Walters, 2010AP3156-CR, District 2, 7/20/11

court of appeals decision (1-judge, not for publication); for Walters: Thomas E. Hayes; case activity

Tip provided by citizen informant’s 911 call reporting drug use in car traveling on highway was sufficiently reliable to support stop, given that the informant provided her name, phone number, description of her vehicle, her proximate location and direction of travel, and remained on the line with updates:

¶23      According to Williams,

State v. Joshua L. McDonald, 2010AP1045-CR, District 4, 11/18/10

court of appeals decision (1-judge, not for publication); for McDonald: Tracey A. Wood; McDonald BiC; State Resp.; Reply

Traffic Stop – Duration

¶13      We conclude that the time it took for the deputy to ask McDonald whether he had been drinking that night and for McDonald to answer did not unreasonably prolong the stop.  

City of Oshkosh v. Richard A. Selquist, 2010AP862, District 2, 9/1/10

court of appeals decision (1-judge, not for publication); for Selquist: Walter Arthur Piel, Jr.; BiC; Resp.; Reply

The police had reasonable suspicion to continue temporary detention of Selquist and to request filed sobriety testing while investigating a traffic accident:

¶7        …  In reviewing whether the officer’s further investigation and request for field sobriety tests were warranted,

State v. James Casas Klausen, 2009AP2268, District 4, 8/12/10

court of appeals decision (1-judge, not for publication); for Klausen: Tracey A. Wood; BiC; Resp.

Traffic Stop – No Wisconsin DL

Wisconsin law “contemplates that a person with a valid out-of-state driver’s license who becomes a Wisconsin resident has sixty days, after becoming a Wisconsin resident, to apply for a Wisconsin license,” ¶6.

court of appeals decision (1-judge; not for publication); for Dewitt: Thomas E. Hayes; BiC; Resp.

Detention for 90 Minutes not Unreasonable

Stop of motorist Dewitt by officer who, because he was off-duty, could not under departmental rules himself perform arrest, wasn’t unnecessarily prolonged by 90 minute delay until on-duty officer could show up.

¶15 Dewitt has presented no evidence to show that Officer Geffert,

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,

State v. Ramon Lopez Arias, 2008 WI 84, on Certification
For Arias: Lora B. Cerone, SPD, Madison

Issue: whether extending a routine traffic stop by 78 seconds so that a dog could perform (without reasonable suspicion) a “drug sniff” amounted to an unlawful seizure.

Holding:

¶34      … . There remains no hard-and-fast time limit for when a detention has become too long and therefore becomes unreasonable. 

State v. Philip R. Bons, 2007 WI App 124, PFR filed 4/24/07
For Bons: Vladimir M. Gorokhovsky

Issue: Whether a concededly proper traffic stop (for speeding) was extended without sufficient cause when the officer, after issuing the ticket and returning the license, asked to search the car.

Holding:

¶15  We conclude that Ramstack could have formed a reasonable suspicion that Bons was engaged in illegal activity,

State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15
For Johnson: Eileen A. Hirsch, SPD, Madison Appellate

Issue/Holding:

¶45      Another factor weighs strongly against the reasonableness of the protective search in this case. Before Johnson was asked to exit the vehicle and submit to a pat down, he gave Stillman paperwork showing that his vehicle had passed an emissions test recently,

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.