On Point blog, page 5 of 28
Traffic stop based on mistake of law upheld
State v. Kyle M. Kleinschmidt, 2020AP881-Cr, 10/13/21, District 3 (1-judge opinion; ineligible for publication); case activity (including briefs)
Kleinschmidt’s vehicle had two brake lights in good working order, but it also had a high-mount brake light that was not working. An officer stopped him due to the defective light and established that he was operating a vehicle while his license was revoked. Kleinschmidt argues that the officer, who based the stop on §347.14(1), lacked reasonable suspicion. Plus the correct law, § TRANS 305.15 (re high mounted brake lights), exceeds the authority granted in §347.15 and is thus invalid.
Circumstances supported extension of stop to investigate whether driver had prohibited alcohol concentration
State v. Nicholas Reed Adell, 2021 WI App 72; case activity (including briefs)
Reversing a circuit court order suppressing evidence, the court of appeals holds the totality of the circumstances gave rise to a reasonable suspicion that Adell was driving with a prohibited alcohol concentration (PAC) and that police could extend the traffic stop to have Adell perform field sobriety tests (FSTs).
Defense win: cop could not prolong traffic stop to research motorist’s bond conditions
State v. Joel R. Davis, 2021 WI App 65; case activity (including briefs)
A police officer stopped Davis’s car in the early evening. He initially said it was because Davis lacked a passenger-side mirror. But it turns out that’s not illegal. Wis. Stat. § 347.40. So the next day–and despite having failed to mention it to the other officers at the stop, which was video recorded–he “updated” his report to say that actually, he’d stopped Davis for a seatbelt violation. But the body-cam video shows that Davis’s seatbelt was fastened when the officer initially approached the car.
Moving driver to nearby police station for field sobriety tests was reasonable
State v. Caleb James Watson, 2021AP355-CR, District 2, 8/25/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Taking Watson to a local police station to perform field sobriety tests (FSTs) wasn’t unreasonable and thus didn’t violate the Fourth Amendment.
Over dissent, court finds reasonable suspicion for traffic stop
State v. Isaac D. Taylor, 2019AP797-CR, District 2, 7/30/21 (not recommended for publication); case activity (including briefs)
The majority sees specific and articulable facts providing reasonable suspicion for a traffic stop. The dissent sees a change in the state’s justification for the stop that sandbags the defense and turns the court of appeals into a fact finder.
Rookie cop’s mistake in reading results of registration check didn’t invalidate stop given other facts showing reasonable suspicion
State v. Anthony Francen Harris, 2019AP1908-CR, District 3, 7/30/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Police stopped the car Harris was driving in part because Skenandore, an officer-in-training, misread the data on his in-squad computer screen and wrongly concluded that the car’s owner didn’t have a valid license. (¶¶2-3, 5-7). His mistake doesn’t matter because the officer’s other observations justified the stop.
SCOW finds generic conduct in “high crime area” created reasonable suspicion of criminal activity
State v. James Timothy Genous, 2021WI 50, reversing an unpublished court of appeals opinion, 2019AP435-CR, 6/4/21; case activity (including briefs)
An officer saw Genous sit in a parked car, engine running and headlights on, in a residential neighborhood at 3:36 a.m. A woman emerged from a house, entered the car for 10 to 15 seconds, and returned to the house. Although the officer could not see what happened inside the car, the woman appeared to match the description of a female drug user who was known to live in the house. Plus the officer had heard that this area had a reputation for drug trafficking. In a 4-3 opinion, SCOW held that these facts gave the officer reasonable suspicion to stop Genous for possible drug dealing.
Cops may extend traffic stops to ask drivers about their medications
State v. Kimberly Dale Crone, 2021 WI App 29; case activity (including briefs)
Think twice before driving with medication in your car or purse. This decision (recommended for publication) holds that when a sheriff stops a driver for simple speeding, and he admittedly lacks reasonable suspicion to inquire about medication bottles he sees in the driver’s purse, he may nevertheless extend the stop to ask the driver to consent to a search of those bottles per State v. Wright, 2019 WI 45, 386 Wis. 2d 495, 926 N.W.2d 157 and Rodriguez v. United States, 575 U.S. 348 (2015).
SCOW to review ShotSpotter-related investigative stops
State v. Avant Rondell Nimmer, 2020AP878-CR, petition for review granted 3/24/21; case activity (including links to briefs and PFR)
Issue presented (composed by On Point):
Did police responding to a ShotSpotter alert of shots fired have reasonable suspicion to stop and frisk Nimmer based on his proximity to the address in the alert so close to the alert and Nimmer’s response to the officer’s arrival on the scene?
Defense win: Police seized driver by restricting movement of his parked car, employing take down lights
State v. Shondrell R. Evans, 2020AP286-CR, District 4, 1/28/21 (not recommended for publication); case activity (including briefs)
Evans was seized under the Fourth Amendment when two police officers parked their marked squad cars in a way that restricted—though didn’t totally obstruct—his ability to drive away, shined their headlights and spotlights on his car, and exited their squad cars and approached Evans’s car. Because the police lacked reasonable suspicion to detain Evans, the resulting search of his car was unlawful.