On Point: 1. Stops, in general

State v. Joseph E. Jenamann, 2010AP1825-CR, District 4, 11/24/10

court of appeals decision (1-judge, not for publication); for Jenamann: Matthew Allen; State BiC; Jenamann Resp; Reply

Continuing detention, following routine traffic stop for loud muffler and after Jenamann passed sobriety tests, was unlawful:

¶12      The only suspicious factors suggesting drug activity were bloodshot, glassy eyes, shakiness, and a nervous suspect. 

State v. Joshua L. McDonald, 2010AP1045-CR, District 4, 11/18/10

court of appeals decision (1-judge, not for publication); for McDonald: Tracey A. Wood; McDonald BiC; State Resp.; Reply

Traffic Stop – Duration

¶13      We conclude that the time it took for the deputy to ask McDonald whether he had been drinking that night and for McDonald to answer did not unreasonably prolong the stop.  

City of Kenosha v. Elizabeth R. Tower, 2009AP1957, District 2, 10/6/10  

court of appeals decision (1-judge, not for publication); for Tower: Michael F. Torphy; BiC; Resp.; Reply

Because the police knew Tower was merely stopped temporarily for the purpose of dropping of a passenger – an explicit statutory exception to illegal parking – they didn’t have reasonable suspicion to temporarily seize her for illegal parking:

¶10 The City argues that like the officers in Renz,

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court of appeals decision (1-judge, not for publication); for Pudlow: Rick Niemeier, Maggie Premo; BiC; Resp.; Reply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

City of Oshkosh v. Richard A. Selquist, 2010AP862, District 2, 9/1/10

court of appeals decision (1-judge, not for publication); for Selquist: Walter Arthur Piel, Jr.; BiC; Resp.; Reply

The police had reasonable suspicion to continue temporary detention of Selquist and to request filed sobriety testing while investigating a traffic accident:

¶7        …  In reviewing whether the officer’s further investigation and request for field sobriety tests were warranted,

State v. James Casas Klausen, 2009AP2268, District 4, 8/12/10

court of appeals decision (1-judge, not for publication); for Klausen: Tracey A. Wood; BiC; Resp.

Traffic Stop – No Wisconsin DL

Wisconsin law “contemplates that a person with a valid out-of-state driver’s license who becomes a Wisconsin resident has sixty days, after becoming a Wisconsin resident, to apply for a Wisconsin license,” ¶6.

State v. Glenn L. Earhart, 2010AP348-CR, District 3, 8/10/10

court of appeals decision (1-judge, not for publication); for Earhart: Patrick J. Stangl; BiC; Resp.; Reply

Reasonable Suspicion – Informant Reliability

Authorities were under no obligation to check into a citizen-informant’s criminal record before acting on the information she related.

¶9 Earhart argues Kistner unreasonably relied on Hitchon’s report because she was a known criminal.

City of Chippewa Falls v. Kenneth C. Hein, No. 09AP2729, District III, 6/23/10

court of appeals decision (1-judge; not for publication); for Hein: Paul D. Polacek; BiC; (Resp. not on-line); Reply

Stop of Hein’s vehicle was supported by “reports of suspicious activity about 2:30 a.m., the nature of which was unknown:”

¶10      … A prudent officer proceeding into such ambiguity and uncertainty will ensure the availability of witnesses or suspects and freeze the scene in order to further investigate:

[A] law enforcement officer will be confronted with many situations in which it seems necessary to acquire some further information from or about a person whose name he does not know,

City of Ripon v. Jonathan Lebese, No. 2009AP2996-FT, District II, 6/16/10

court of appeals decision (1-judge; not for publication); for Lebese: Wendy A. Patrickus; BiC; Resp.

¶13     The circuit court’s “preliminary ruling” was based on the well-established standards of reasonable suspicion. Lebese’s counsel had proffered that the additional defense witness would corroborate Lebese’s account that he swerved in an evasive maneuver to avoid colliding with the car to his right.

court of appeals decision (1-judge; not for publication); for Dewitt: Thomas E. Hayes; BiC; Resp.

Detention for 90 Minutes not Unreasonable

Stop of motorist Dewitt by officer who, because he was off-duty, could not under departmental rules himself perform arrest, wasn’t unnecessarily prolonged by 90 minute delay until on-duty officer could show up.

¶15 Dewitt has presented no evidence to show that Officer Geffert,