On Point: 1. Stops, in general

State v. Dean M. Blatterman, 2013AP2107-CR, District 4, 4/24/14 (one-judge; ineligible for publication), petition for review granted 9/24/14, reversed, 2015 WI 46; case activity

You don’t see this very often.  The court of appeals just reversed a circuit court decision denying a motion to suppress evidence of intoxication.  The police performed field sobriety and blood tests after moving the suspect out of the general vicinity of the stop.  This converted the stop into an arrest for which there was no probable cause.

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.

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 Oct. 12, 2013) (unpublished); Scotusblog page (includes links to the briefs and commentary)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.

State v. Patrick E. Gordon, 2014 WI App 44; case activity

The circuit court’s findings—Gordon was in a high-crime area; he and his friends “recognized the police presence”; and, as a result, Gordon engaged in a “security adjustment,” which is “a conscious or unconscious movement that an individual does when they’re confronted by law enforcement when they’re typically carrying a weapon” and involves placing a hand over the place the gun is to make sure it’s still there (¶¶3-7,

State v. Michael J. Adrian, Jr., 2013AP1890-CR, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity

Transporting Adrian from the site his vehicle was stopped to the nearest police station for the purpose of performing field sobriety tests did not convert a lawful Terry detention into an illegal custodial arrest.

A person temporarily detained under Terry may be moved “in the general vicinity of the stop without converting what would otherwise be a temporary seizure into an arrest.” State v.

Marquette County v. Randy S. Tomaw, 2013AP1510, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity

Tomaw was going 17 miles over the speed limit at 1:20 on a Sunday morning. He did not appear to respond to the officer’s initial attempt at contact, his upper body swayed as he walked to the rear of his vehicle, and the officer detected the “strong odor” of alcohol on his breath.

State v. Chonsea Jerome King, 2013AP1068-CR, District 4, 2/13/14; court of appeals decision (not recommended for publication); case activity

A police officer saw a car parked in a lot linked by “numerous [pieces of] intelligence” to illegal drug activity. It was 9:25 p.m. The officer watched it for about five minutes, but did not see anyone exit the vehicle or any activity outside the vehicle, though they did observe the interior lights in the car turn on and off “a couple [of] times.” (¶3).

State v. Lamont C., 2013AP1687, District 1, 2/11/14; court of appeals decision (1-judge; ineligible for publication); case activity

¶14      We conclude under the facts in this case that [Officer] Hoffman did have reasonable suspicion … to stop … Lamont C. Hoffman, relying on information provided to him by a robbery victim, located Lamont C. within minutes of the robbery. In the limited time Hoffman was able to speak with the victim,

State v. Javier Teniente, 2013AP799-CR, District 4, 1/30/14; court of appeals decision (1-judge; ineligible for publication); case activity

Teniente was on his boat in the chamber of Madison’s Tenney Locks waiting for the water to rise. Piqued by Teniente’s boisterous behavior, an officer standing on the wall of the lock engaged Teniente in conversation. (¶¶3-4, 15). This interaction wasn’t a seizure for Fourth Amendment purposes;

State v. Chad Allen Nelson, 2013Ap1926-CR, District 3, 1/22/14; court of appeals decision (1-judge; ineligible for publication); case activity

Scene: The parking lot of Frosty’s Outpost, on County Road H in rural Bayfield County, 2:00 a.m. Police get a dispatch: Someone’s damaging a patron’s vehicle in the parking lot. Before an officer can respond dispatch sends an update: The suspects are bear hunters, and they left in a blue Dodge pickup with a hound box heading toward the bear camp west of Ino on Highway 2.