On Point: 1. Stops, in general

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State v. Chonsea Jerome King, 2013AP1068-CR, District 4, 2/13/14; court of appeals decision (not recommended for publication); case activity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

State v. Derek S. Strasen, 2013AP1523-CR, District 2, 1/22/14; court of appeals decision (1-judge; ineligible for publication); case activity

There was no probable cause to administer an initial PBT to Strasen, who was stopped for speeding, even though he emitted a faint smell of intoxicants, had bloodshot and “glossy” eyes, and said he had been drinking but had his consumed his last drink over 12 hours earlier. (¶¶2, 4).

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?