On Point blog, page 27 of 28
Reasonable Suspicion – Stop – Basis – anonymous tip
State v. Roosevelt Williams, 2001 WI 21, on remand, 529 U.S. 1050 (2000), previous history: State v. Roosevelt Williams, 225 Wis. 2d 159, 591 N.W.2d 823 (1999); State v. Williams, 214 Wis. 2d 412, 570 N.W.2d 892 (Ct. App. 1997)
For Williams: Melinda Swartz, SPD, Milwaukee Appellate.
Issue: “(W)hether an anonymous tip containing a contemporaneous report of drug trafficking,
Reasonable Suspicion – Stop – Basis: “Drug Crime” Area, Lateness of Hour, Nervousness
State v. Christopher Gammons, 2001 WI App 36
For Gammons: Keith A. Findley, LAIP
Issue/Holding: Police did not have reasonable suspicion to continued detention for a routine traffic problem after the purpose of the stop was fulfilled:
¶21 In evaluating reasonable suspicion, we must examine whether all the facts, when taken together, could constitute a reasonable suspicion. State v. Allen,
Reasonable Suspicion – Stop – Basis – Automobile – Investigate Earlier Crime
State v. Alisha M. Olson, 2001 WI App 284
For Olson: Daniel P. Fay
Issue: Whether the police had reasonable suspicion to make a traffic stop to investigate the driver for a burglary two days earlier.
Holding:
¶8. In the present case, we find sufficient facts to give rise to a reasonable suspicion that Olson had committed a crime. The Waukesha County Sheriff’s Department did not pull Olson’s name out of a hat.
Reasonable Suspicion – Stop – Duration – Traffic Offense – Prolonged by Questioning / Seeking Consent to Search
State v. Lawrence A. Williams/State v. Antwon C. Mathews, 2002 WI 94, reversing 2001 WI App 249, 248 Wis. 2d 361, 635 N.W.2d 869
For Williams: Thomas E. Knothe
For Mathews: Peter J. Thompson
Issue: Whether the traffic stop was unnecessarily prolonged so as to amount to an illegal seizure and invalidate consent to search the car.
Reasonable Suspicion — Stop — Duration — Traffic Offense — Running Warrant Check on Passenger, After Purpose of Stop Resolved
State v. Christopher Gammons, 2001 WI App 36
For Gammons: Keith A. Findley, LAIP
Issue: Whether, following stop of a car which seemed not to have plates, identification-related investigation of passenger is permissible once the officer discovers proof (display of temporary sticker) that there is in fact no apparent violation of registration laws.
Holding: A lawful stop doesn’t become an unreasonable seizure merely because the officer asks for the passenger’s identification.
Reasonable Suspicion – Stop – Duration – Traffic Offense – Asking for Passenger’s Identification Following Lawful Stop
State v. Terry Griffith, 2000 WI 72, 236 Wis. 2d 48, 613 N.W.2d 72, affirming unpublished decision of court of appeals
For Griffith: Paul G. LaZotte
Issue: Whether the police lacked authority to ask the name and birth date of a passenger of a lawfully stopped car.
Holding: The police may request identifying information from passengers during traffic stops, ¶45, and though the passenger may rightfully decline to answer,
Reasonable Suspicion – Stop – Basis – “Collective Knowledge” Doctrine
State v. Bruce E. Black, 2000 WI App 175, 238 Wis.2d 203, 617 N.W.2d 210
For Black: William E. Schmaal, SPD, Madison Appellate
Issue: Whether the “collective knowledge” doctrine applies when the information in the possession of one police officer is not in fact communicated to another officer.
Holding: ¶17 n. 4:
(I)n order for the collective-information rule to apply, such information must actually be passed to the officer before he or she makes an arrest or conducts a search.
Reasonable Suspicion – Stop – Basis – Identified 911 Caller
State v. Michael A. Sisk, 2001 WI App 182
For Sisk: Elvis Banks
Issue: Whether the police had reasonable suspicion to stop, based on information from a 911 call made from a payphone by an informant who provided nothing other than a name by way of identifying himself.
Holding:
¶8. Here, because the caller gave what he said was his name, the trial court erred in viewing the call as an anonymous one.
Reasonable Suspicion – Stop – Basis – Traffic Offense – Tarrying at Stop Sign
State v. Lawrence J. Fields, 2000 WI App 218, 239 Wis.2d 38, 619 N.W.2d 279
For Fields: Daniel Goggin
Issue: Whether the police stop of a car, merely because it had lingered at a stop sign for a few seconds, was supported by reasonable suspicion.
Holding: To ask the question is to answer it. This was, at least in the cop’s mind, a case of premature evasion.
Reasonable Suspicion – Stop – Basis – Warrant Execution – leaving house where warrant being executed
State v. Louis Taylor, 226 Wis.2d 490, 595 N.W.2d 56 (Ct. App. 1999)
For Taylor: Donald T. Lang, SPD, Madison Appellate.
Holding: Taylor walked out the back door as police were knocking on the front door to execute a warrant for someone else, in an area described as “high drug … high gang.” The police were entitled to seize him:
We agree with the trial court that the totality of the facts supports a reasonable basis for Veselik’s suspicion that something unlawful was afoot with Taylor.