On Point: 1. Stops, in general

State v. Gregory L. Cundy, 2023 WI App 41, District 4; case activity (including briefs)

A person called police and said they’d seen a particular vehicle back into a parked car at idle speed and then drive off. About 40 minutes later, an officer arrived at Cundy’s house, knowing that the suspect vehicle was registered to Cundy and finding it in the driveway. The officer knocked on the front door and eventually spoke with Cundy, who remained inside the threshold. At some point the officer declined to let Cundy end the conversation, and a bit later he ordered Cundy out, drove him in his squad to the accident scene, and had the witness identify him. The officer then returned Cundy to his home, where after some further discussion, he was arrested.

State v. Jonathan M. Mark, 2022AP001739-CR, 5/10/23, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs)

While at a Kwik Trip investigating an unrelated incident, an officer spotted Mark whom he believed to be the subject of an outstanding warrant. When the officer conducted a Terry stop, Mark resisted and wound up pleading guilty to obstructing an officer. On appeal, he argued–unsuccessfully–that the officer lacked reasonable suspicion to stop him, and he received ineffective assistance of counsel.

State v. Donte Quintell McBride, 2021AP311-CR, state’s petition to review an unpublished court of appeals decision granted, 4/18/23; affirmed, 2023 WI 68 case activity (including briefs, PFR, and response to PFR)

Issues (from the State’s PFR):

1. When reviewing a motion to suppress, what is the proper application of the “clearly erroneous” standard of review?

2. Was the seizure and subsequent search of McBride constitutional where police observed two people sitting in an unilluminated SUV, which appeared to obstruct traffic, late at night in a high crime area, and when McBride made furtive movements in response to the officer’s spotlight?

State v. Antwan Eugene Gill, 2022AP654-Cr, 4/6/23, (1-judge opinion, ineligible for publication), case activity (including briefs)

Gill was convicted for possession of THC and for operating a vehicle with a detectable amount of THC in his blood.  He argued that his trial lawyer was ineffective for failing to move for suppression of the results of field sobriety and blood tests and for failing to exploit inconsistences between an officer’s testimony and his report and squad-cams footage.  The court of appeals rejected both claims.

State v. Adekola John Adekale, 2022AP1351, 3/9/20223, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

An officer stopped Adekale’s vehicle for speeding and having a bad taillight. Adekale parked his car in a parking lot on the south side of a Motel 6. There were six passengers in the car, who “kept chiming in” and asking about the stop. They were boisterous and seemed to have been drinking. The officer asked them to leave, and they walked toward the hotel’s entrances, though the officer could not see if they went in.

State v. Charles W. Richey, 2021AP142-CR, reversing an unpublished COA opinion; 12/9/22, case activity (including briefs)

“Freedom for all,” including the driver of the Harley in this case. In a quirky 4-3 decision, the liberal justices plus RGB hold that a deputy’s warning to be on the lookout for a Harley-Davidson driving erratically and speeding north on Alderson Street did not amount to reasonable suspicion for an officer stop a Harley driving normally about a 1/2 a mile away.

Waupaca County v. Hunter Ja Dean Wheelock, 2022AP860, 11/3/2022 (one-judge decision; ineligible for publication); case activity (including briefs)

An sheriff’s deputy saw Wheelock and another man sitting in a car parked on the side of a dead-end road in Waupaca County. This particular road was apparently in a “highly problematic” are of that county where young men “engage[] in disorderly behavior and underage drug use and drinking parties.” When the deputy pulled up next to the vehicle, he rolled down his window, as did Wheelock. The deputy asked Wheelock and the passenger what they were up to, and they said they were looking for a place to go sledding. The deputy said he observed “glassy, red, and watery eyes.” This, says the court of appeals, was enough for reasonable suspicion (as a result of the stop Wheelock was charged with OWI).

State v. Todd W. Vaughn, 2022AP644-Cr, 9/29/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)

Vaughn was convicted of operating a vehicle with a PAC, second offense. He claimed that the deputy who stopped him lacked reasonable suspicion because he acted solely on an uncorroborated anonymous tip. The court of appeals held that the tip provided reasonable suspicion for the stop because  it had “indicia of reliability” that were “suitably corroborated” as required by State v. Williams, 2001 WI 21, ¶31, 241
Wis. 2d 631, 623 N.W.2d 106.

State v. Brynton C. Foston, 2022AP387, 9/14/22, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs)

An officer saw Foston driving without headlights between 2:00 and 3:00 a.m. and activated his emergency lights. Foston didn’t stop. He accelerated, pulled into his driveway, and stumbled as he tried to reach his back door. The officer started giving commands, and Foston, who had bloodshot eyes and slurred speech became argumentative.

City of West Bend v. Peter F. Parsons, 2022AP98, 8/17/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

This is an appeal of convictions for violating local ordinances in conformity with the state laws outlawing OWI. The court of appeals affirms.