On Point blog, page 20 of 28

Temporary Stop – Test for Seizure – Police Spotlight

State v. Susan C. Macho, 2011AP1841-CR, District 2, 5/23/12

court of appeals decision (1-judge, not for publication); for Macho: Leonard G. Adent; case activity

¶8        In this case, Edwards’ actions in pulling up behind Macho and shining his spotlight into her car did not amount to a “show of authority sufficient to effect a seizure.”  Young, 294 Wis. 2d 1, ¶65 n.18.  

Read full article >

Reasonable Suspicion – Anonymous Call

State v. Joel R. Medrow, 2011AP2314, District 1, 5/15/12

court of appeals decision (1-judge, not for publication); for Medrow: Chad A. Kanning; case activity

An anonymous call to the police reported that the caller had followed a possibly impaired driver who had turned parked in the front parking lot of the Cudahy Police Department; the report included the vehicle’s license plate number. The court concludes that, upon seeing Medrow just outside that vehicle,

Read full article >

Reasonable suspicion — traffic stop

County of Waukesha v. Thomas C. Groshek, 2011AP001371, District 2/4, 5/3/12

court of appeals decision (1-judge, not for publication); for Groshek: Thomas C. Simon; case activity

¶7        Deputy Smith was dispatched to a semi-rural area to investigate a report  that a motorcycle had been involved in an accident at approximately 1:30 a.m., around “bar time,” in the vicinity of a bar.  Smith was advised that following the accident,

Read full article >

Traffic Stop – Duration – Dog Sniff

State v. Dawn M. Fletcher, 2011AP1356-CR, District 3, 3/27/12

court of appeals decision (1-judge, not for publication); for Fletcher: Earl J. Luaders, III; case activity

The court upholds search of a car following a drug dog alert which occurred while an officer was still processing a warning ticket for a conceded traffic violation:

¶7        On appeal, Fletcher concedes the initial stop was lawful.  She argues the dog sniff was illegal because the officer had no reasonable suspicion to detain the occupants of the vehicle to request a dog sniff.  

Read full article >

Reasonable Suspicion; Instructions – Party to a Crime – Evidentiary Support; Ineffective Assistance of Counsel

State v. Jermaine Kennard Young, 2010AP2959-CR, District 1, 3/6/12

court of appeals decision (not recommended for publication); for Young: Robert N. Meyeroff; case activity

Reasonable suspicion existed to justify investigative stop of Young, based on a tip from confidential informant that someone matching Young’s description would be at a specified time and place to sell drugs.

¶13      When determining the reliability of a CI’s tip,

Read full article >

Reasonable Suspicion – Traffic Stop extended for Field Sobriety Testing

State v. Gary A. Senger, 2011AP1950-CR, District 2, 1/18/12

court of appeals decision (1-judge, not for publication); for Senger: Robert C. Raymond; case activity

Applying the test described in State v. Betow, 226 Wis. 2d 90, 94-95, 593 N.W.2d 499 (Ct. App. 1999) for extending a traffic stop, the court concludes that the officer had reasonable suspicion to administer FSTs following a stop for driving with a revoked license.

Read full article >

State v. Joseph C. Miller, 2010AP557-CR, rev. granted 12/13/11

on review of summary opinion; for Miller: Martha K. Askins, SPD, Madison Appellate; case activity

Terry Stop – Reasonable Suspicion

Issue (composed by On Point): 

Whether information obtained from a jail inmate and other, anonymous sources established reasonable suspicion for a Terry stop.

Neither the court of appeals summary order nor Miller’s petition for review is available on-line. The briefs filed in the court of appeals indicate that Miller’s car was stopped after the police received information that he was transporting drugs.

Read full article >

Traffic Stop – Duration

State v. John R. Nelson, 2011AP125-CR, District 2, 12/7/11

court of appeals decision (1-judge, not for publication); for Nelson: John A. Nelson; case activity

The officer’s observation that Nelson’s vehicle intruded “somewhat into the intersection” before stopping provided reasonable suspicion for a stop-sign violation, § 346.46(1). The stop wasn’t unnecessarily prolonged by summoning a drug dog while the officer ran record checks and issued a warning ticket.

Read full article >

Traffic Stop Duration: Passenger

State v. Jamie L. Salonen, 2011 WI App 157 (recommended for publication); for Salonen: Robert J. Wells, Jr.; case activity

¶1        The trial court in this case granted Jamie L. Salonen’s motion to suppress evidence obtained after she asked to leave the scene of a roadside stop of a vehicle in which she was a passenger, which request was denied by police.  A passage in Arizona v.

Read full article >

Traffic Stop – Temporary Plate

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.  

Read full article >