On Point: 1. Stops, in general

State v. Richard S. Foley, 2014AP2601-CR, District 4, 4/30/15 (one-judge decision; ineligible for publication); case activity (including briefs)

Detaining Foley in a squad car during a traffic stop was reasonable under the circumstances and didn’t transform the stop into an arrest.

Rodriguez v. United States, USSC No. 13-9972, 2015 WL 1780927 (April 21, 2015), reversing United States v. Rodriguez, 741 F.3d 905 (8th Cir. 2014); Scotusblog page (includes links to briefs and commentary)

Some lower courts have held that police may briefly prolong a completed traffic stop in order to conduct a dog sniff. The Supreme Court rejects that approach, and holds that a seizure justified only by a traffic violation “‘become[s] unlawful if it is prolonged beyond the time reasonably required to complete th[e] mission’ of issuing a ticket for the violation.” (Slip op. at 1, quoting Illinois v. Caballes, 543 U.S. 405, 407 (2005)). Thus, prolonging a traffic stop requires reasonable suspicion of criminal activity beyond the traffic infraction.

State v. Jennifer L. Wilson, 2014AP2358-CR, District 3, 4/21/15 (one-judge decision; ineligible for publication); case activity (including briefs)

A person’s presence in an area with frequent calls for drug activity and a suspected drug house is not, by itself, enough to justify an investigative stop of the person; the police must have particularized information that the person might be engaged in criminal activity. Police lacked that kind of particularized information in this case, so the stop was unlawful.

County of Winnebago v. Joshua R. Hunter, 2014AP2628, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket and briefs

Hunter sought suppression of evidence supporting his conviction for OWI, and with a prohibited alcohol concentration, because law enforcement detained him for an unlawful length of time. His motion failed based on the court of appeals’ reading of the not-so-clear testimony at the suppression hearing.

State v. Rachel L. Huck, 2014AP2190-CR, District 3, 2/3/15 (1-judge decision; ineligible for publication); case activity (including briefs)

Having stopped a vehicle on reasonable suspicion that the registered owner had a suspended license, the officer was entitled to continue the detention to ask the driver—who clearly wasn’t the registered owner—for his driver’s license.

County of Calumet v. Lisa L. Dolajeck, 2014AP2100, District 2, 1/21/15 (one-judge opinion; ineligible for publication); case activity

The court of appeals here affirms a decision denying a motion to dismiss OWI charges and a motion to suppress evidence obtained during a traffic stop. It holds that the sheriff in this case had reasonable suspicion to make the stop, and nothing requires law enforcement officers to record a stop even if they have  video cameras in their squad cars.

Review of an unpublished per curiam court of appeals decision; case activity

Issue (composed by On Point)

Can a police officer’s reasonable mistake of law give rise to reasonable suspicion or probable cause necessary to uphold a seizure under article I, §11 of the Wisconsin constitution?

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.

State v. Aaron J. Fuchs, 2014AP1041-CR, District 4, 12/18/14 (1-judge decision; ineligible for publication); case activity

In assessing reasonable suspicion to detain Fuchs, police properly considered an allegation that Fuchs had been acting in “a violent and intoxicated” manner at a wedding reception before his contact with police; and based on all the circumstances, police had sufficient basis to administer a PBT.

State v. Terrell D. Cobbs, 2014AP501-CR, District 2, 12/17/14 (1-judge decision; ineligible for publication); case activity

Police had reasonable suspicion to stop Cobbs and two companions and to conduct the pat-down search of Cobbs during which police discovered, opened, and searched Cobbs’ cigarette box, which contained marijuana.