On Point: d. Mistake of law

State v. Antonio D. Brown, 2014 WI 69, 7/16/14, affirming a published court of appeals decision; majority opinion by Justice Bradley; case activity

Another defense victory!  Police stopped  Brown’s car due to an alleged violation of §347.13(1), which prohibits the operation of a vehicle at night unless its tail lamps are in “good working order.”  In a 4-3 decision, the majority holds that the police here misunderstood the statute, so the stop was illegal.  Furthermore, a stop based upon an officer’s mistake of law, is unlawful, and the results of the ensuing search must be suppressed. Justice Prosser, dissenting, predicts the majority’s interpretation will be “a bonanza for litigants seeking to challenge motor vehicle stops.” ¶79.

Question presented:

Whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop.

Review of a published court of appeals decision; case activity

Issue  (composed by the State’s petition for review)

In determining the legality of a vehicle stop under the Fourth Amendment, did the court of appeals properly conclude that a tail lamp that is sixty-six percent functional is in “good working order” as required under Wis. Stat. § 347.13(1) and thus cannot serve as a basis for an officer’s probable cause to stop the vehicle?

State v. Donald D. Laufer, 2012AP915, District 2, 4/3/13; court of appeals decision (recommended for publication); case activity

The officer’s erroneous reading of Laufer’s license plate, which caused the officer to wrongly believe that the plate might not be registered to the vehicle, nonetheless supported stop of the car under the good-faith rule, adopting the reasoning of State v. Reierson, No. 2010AP596, unpublished slip op.

State v. Pamela L. Hammersley, 2012AP1131-CR, District 2, 9/26/12

court of appeals decision (1-judge, ineligible for publication); case activity

Stop of vehicle, assertedly for violating local trespassing ordinance, held not supportable:

¶3        It is settled law that a stop cannot be based on an officer’s mistaken understanding of the law.  State v. Longcore, 226 Wis. 2d 1, 3-4, 594 N.W.2d 412 (Ct.

City of Sheboygan v. Kathy L. Reindl-Knaak, 2011AP1090, District 2, 11/2/11

court of appeals decision (1-judge, not for publication); for Reindl-Knaal: Casey J. Hoff; case activity

¶7        The parties do not dispute that Reindl-Knaak’s vehicle had an expired front license plate, that the temporary plate affixed to the rear of the vehicle was later determined to be valid, and that Jaeger had probable cause to continue Reindl-Knaak’s detention based on the odor of alcohol and her “slow” speech.  

County of Sheboygan v. Jeffrey L. Bubolz, 2010AP2997, District 2, 4/6/11

court of appeals decision (1-judge, not for publication); for Bubolz: Casey J. Hoff; case activity

Ignoring a warning sign that a road is closed except to local traffic creates reasonable suspicion for a traffic stop, even though the sign was an “unofficial” one put up by the contractor.

¶11      Failure to adhere to official traffic signs is a violation of WIS.

City of Tomah v. Matthew Pudlow, 2010AP1044, District 4, 9/15/10

court of appeals decision (1-judge, not for publication); for Pudlow: Rick Niemeier, Maggie Premo; BiC; Resp.; Reply

Traveling in reverse at 30 mph, near an intersection with a highway, provided reasonable suspicion to stop:

¶13      The totality of the circumstances provided Officer Furlano with reasonable suspicion to justify an investigative stop of the vehicle in order to investigate Pudlow’s driving behavior,

State v. Michael M. Longcore (I), 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999), affirmed by equally divided vote, 2000 WI 23, 233 Wis. 2d 278, 607 N.W.2d 620
For Longcore: William E. Schmaal, SPD, Madison Appellate.

Holding: Longcore was stopped because his rear window was missing (it had been replaced with a plastic sheet). The state argues that this violated Wis. Stat. § 347.43(1) –