On Point: a. Informant

State v. Michael J. Mansfield, 2016AP2423-CR, 10/3/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

Mansfield argued police didn’t have reasonable suspicion to detain him based on a tip from an anonymous Turtle Lake Casino employee. The court of appeals holds the tipster should be treated as a citizen informant and, under the standard for citizen informants, the tip provided reasonable suspicion.

State v. Denton Ricardo Ewers, 2016AP1671-CR, 8/22/2017, District 3 (not recommended for publication); case activity (including briefs)

An employee at Family Dollar called the police to report that man who appeared “dazed and confused” and whose breath smelled of intoxicants had come into the store before leaving in a gold Ford Focus and heading west. An officer looked for the Focus but could not find it. Two hours later, the employee called back to say the same man, still “dazed and confused,” had once again been in the store, and once again had departed to the west in his gold Ford Focus. This time, the officer located the car and stopped it. The driver, Ewers, seemed intoxicated, which he eventually proved to be.

State v. Tracy Dean Martin, 2017AP296, 7/25/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)

An anonymous tipster told West Allis police that a man was asleep in a car parked across 4 spots at a Taco Bell. The lot was otherwise fairly empty. A check on the car’s registration revealed that its owner, Martin, had 3 prior OWIs and a .02 alcohol restriction. The officer approached the car, saw the headlights on, the keys in the ignition, and Martin asleep holding a taco in one of his hands.

State v. Peter J. Long, 2014AP707-CR, District 2, 12/23/14 (1-judge decision; ineligible for publication); case activity

The police acted reasonably in stopping Long under an “attempt to locate” (ATL) that was based on information from identifiable persons as well as on Long’s own statements, and the officers’ manner in stopping him did not convert the stop into an arrest.

City of Bloomer v. James S. Frank, 2013AP2597, District 3, 8/5/14 (1-judge; ineligible for publication); case activity

The circuit court didn’t erroneously exercise its discretion in reopening suppression hearing to take additional evidence in the form of dispatch recordings which the city tried, but failed, to obtain before the suppression hearing in the case.

State v. Andrew K. Wenz, 2013AP2576-CR, District 1, 5/13/14 (1-judge; ineligible for publication); case activity

Police had reasonable suspicion to stop his car because the content of a tip from a known, reliable informant allowed police to ascertain whether they were stopping the correct vehicle.

Navarette v. California, USSC No. 12-9490, 4/22/14, affirming People v. Navarette, No. A132343, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished); Scotusblog page (includes links to the briefs and commentary)

Validating the rationale employed by the Wisconsin Supreme Court in State v. Rutzinski, 2001 WI 22, 241 Wis. 2d 729, 623 N.W.2d 516, the U.S. Supreme Court upholds the stop of a vehicle based on a 911 caller’s report that the vehicle ran her off the road, even though the police officer who located and then followed the vehicle observed no improper or erratic driving.

Village of Hales Corners v. David E. Adams, 2013AP1128, 1/14/13, District 2  (1-judge opinion, ineligible for publication); case activity

Welcome to another court of appeals decision holding that police had reasonable suspicion to stop a person for drunk driving.  In this particular case, an informant tipped off a police dispatcher, who then informed an officer in the vicinity about a possible drunk driver.  Armed with a vehicle description and a license plate number,

State v. Mary J. Kamuchey, 2013 AP1684-CR, District 4, 12/19/13 (1-judge opinion; ineligible for publication); case activity

Issue:  Whether an anonymous “citizen informant’s”  call from a McDonald’s drive-through at 2:00 a.m., describing an argumentative driver who smelled of alcohol and was believed to be drunk, provided reasonable suspicion for OWI stop even though the officer who made the stop did not observe signs of erratic driving or intoxication?

State v. Sandra Biancardi, 2013AP1351, District 2, 10/30/13 (1-judge, ineligible for publication); case activity

Biancardi was convicted of OWI.  On appeal she argued that police unlawfully stopped her based on an uncorroborated, anonymous tip contrary to Illinois v. Gates, 462 U.S. 213 (1983).  The court of appeals, citing State v. Post, 2007 WI 60, ¶24, 301 Wis. 2d 1,