On Point blog, page 9 of 10
Stop – Duration – Traffic Offense – Prolonged by Seeking Consent to Search
State v. Calvin R. Kolk, 2006 WI App 261
For Kolk: Michael Zell
Issue/Holding: The (lawful) traffic stop’s purpose concluded when the officer returned Kolk’s license and registration and issued his warning; however, the officer had not released Kolk from the temporary detention caused by the traffic stop when he next asked for consent to search the car and as a result Kolk’s ensuing consent was tainted,
Reasonable Suspicion – Stop – Duration – Routine Traffic Offense
State v. Reginald Jones / Maurice E. O’Neal, 2005 WI App 26, (AG’s) PFR filed 2/23/05
For Jones: John P. Tedesco, SPD, Madison Appellate
For O’Neal: Jess Martinez
Issue/Holding: Though the facts are almost indistinguishable from those in State v. Lawrence A. Williams, 2002 WI 94, 255 Wis. 2d 1, 646 N.W.2d 834, consent to search a car immediately after conclusion of a routine traffic stop was (unlike Williams) the product of an illegal detention.
Reasonable Suspicion — Stop — Duration — Traffic Offense — Questioning Passenger Following Lawful Stop
State v. Donavan W. Malone, 2004 WI 108, on certification
For Malone: John A. Cabranes
Issue: Whether, during a routine traffic stop, the officer may request passengers to get out of the vehicle and question them on matters reasonably related to the nature of the stop.
Holding: Because lawfulness of the stop of the car in which Malone was riding was undisputed, the applicable framework of analysis is found in State v.
Reasonable Suspicion — Stop — Duration — Prolonged to Administer Field Sobriety Tests
State v. Guy W. Colstad, 2003 WI App 25
For Colstad: T. Christopher Kelly
Issue/Holding: Continued detention, in order to administer field sobriety tests, was supported by reasonable suspicion, given the defendant-driver’s mild odor of alcohol as well as ambiguity surrounding the cause of the fatal accident. “Thus, one reasonable possibility was that Colstad struck the child with his pickup truck because his judgment and driving skills were impaired by alcohol.”
Reasonable Suspicion — Stop — Duration — Prolonged to Process Scene of Fatal Accident
State v. Guy W. Colstad, 2003 WI App 25
For Colstad: T. Christopher Kelly
Issue/Holding: Prolonged detention of the driver at the scene of a fatal accident did not transmute a temporary stop into an arrest:
¶17 Colstad argues that the duration of his detention was unreasonable because the officer directed him to wait, instead of questioning Colstad sufficiently to dispel or confirm the officer’s suspicions,
Reasonable Suspicion — Stop — Duration — Prolonged by Procurement and Execution of Warrant
State v. Bradley J. Vorburger, 2002 WI 105, reversing 2001 WI App 43
For Vorburger: David D. Cook
Issue1: Whether the detention of suspect Becker in a motel hallway, while the police sought and then executed a search warrant for a room, was unnecessarily prolonged so as to amount to an arrest (unsupported by probable cause), where Becker was detained over an hour,
Reasonable Suspicion – Stop – Duration – Automobile — Prolonged to determine if Driver Had Valid License
State v. Vernell T. Williams, 2002 WI App 306
For Williams: Michael A. Haakenson
Issue: Whether a stop whose purpose (to investigate possible connection to an earlier crime) had dissipated was unlawfully prolonged by a checking the driver’s license.
Holding:
¶19. In State v. Ellenbecker, 159 Wis. 2d 91, 464 N.W.2d 427 (Ct. App. 1990), we held that a request for a driver’s license from a driver whose vehicle was disabled,
Reasonable Suspicion — Stop — Duration — Prolonged to Seek Consent to Search Automobile
State v. Vernell T. Williams, 2002 WI App 306
For Williams: Michael A. Haakenson
Issue/Holding:
¶24. It is true that when an officer has fulfilled the purpose of a lawful stop, the officer’s request for permission to search the vehicle does not, in itself, transform the stop into an unlawful one. State v. Gaulrapp, 207 Wis. 2d 600, 558 N.W.2d 696 (Ct.
Arrest — Traffic Offense — Duration — Effect on Consent to Search
State v. Charles A. Wallace, 2002 WI App 61
For Wallace: Martha K. Askins, SPD, Madison Appellate
Issue: Whether an arrest for a traffic stop, lawful at inception, was unlawfully prolonged in order to obtain the driver’s consent to a strip search not reasonably related to the traffic violation.
Holding: This issue is “closely related” to one raised in State v. Gaulrapp,
Reasonable Suspicion – Stop – Duration – General
State v. Kelsey C.R., 2001 WI 54
For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate
Issue: Whether Kelsey’s detention was prolonged beyond its proper purpose.
Holding: The operative principle is settled: “an investigative detention … must last only long enough to fulfill the purpose of the stop.” ¶44. Applying that principle — (3-vote lead opinion:) The purpose of the stop was to dispel the idea that she was up to criminal activity;