On Point blog, page 27 of 28
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State v. Terry Griffith, 2000 WI 72, 236 Wis. 2d 48, 613 N.W.2d 72, affirming unpublished decision of court of appeals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.
Reasonable Suspicion to Stop – Basis – Privileged Information – Public Safety Exception to Psychotherapist-Patient Privilege
State v. Curtis M. Agacki, 226 Wis.2d 349, 595 N.W.2d 31 (Ct. App. 1999)
For Agacki: John M. Carroll.
Issue: “(W)hether whether the psychotherapist-patient privilege can prevent a police officer, at a suppression motion hearing, from testifying about a psychotherapist’s account of a patient’s disclosure, which provided the basis for the officer’s probable cause to search the patient.”
Holding: Because the statements involved the patient’s threat of imminent harm to another,
Reasonable Suspicion – Stop – Basis: Nervousness, Lateness of Hour, Picture of Mushroom
State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999)
For Betow: James C. Murray
Issue/Holding: The police didn’t have reasonable suspicion to extend a routine stop for speeding based on the following: the driver’s wallet was adorned with a picture of a mushroom, coupled with the officer’s experience that the depiction of mushrooms may signify hallucinogenic use; lateness of the hour; driver’s implausible explanation of itinerary;
Reasonable Suspicion – Stop – Basis – High-Crime Area
State v. Tartorius Allen, 226 Wis.2d 66, 593 N.W.2d 504 (Ct. App. 1999)
For Allen: Steven D. Phillips, SPD, Madison Appellate.
Holding:
Allen and his companion being in a high-crime area, standing alone, would not be enough to create reasonable suspicion. A brief contact with a car, standing alone, would not be enough to create reasonable suspicion. Hanging around a neighborhood for five to ten minutes,