On Point blog, page 7 of 28
COA reinforces Wisconsin’s elimination of 4th Amendment protections in traffic stops
State v. Courtney C. Brown, 2019 WI App 34, petition for review granted, 10/15/19, affirmed, 2020 WI 63; case activity (including links to briefs)
This is a published, split decision with a vigorous, showstopping “concurrence” by Reilly. Neubauer and Hagedorn hold that after writing Brown a ticket for a seatbelt violation, an officer’s request that he exit his car and consent to a search (where he was looking for drugs and weapons) was part of the traffic stop’s original mission. Reilly “concurs” only because he can’t defy SCOW’s recent opinions in State v. Floyd and State v. Wright, which he regards as intellectually dishonest and akin to the Dred Scott decision.
Court of appeals affirms traffic stop made due to mistake of fact
State v. Kelly W. Brown, 2018AP2382-CR, Distrct 4, 5/23/19 (1-judge opinion, ineligible for publication); case activity (including briefs)
Deputy Weinfurter stopped Brown because he thought that Brown’s car had 6 headlights illuminated on its front rather than the maximum of 4 allowed by §347.07(1). The stop led to an OWI 2nd charge. Brown moved to suppress arguing that the deputy’s assumptions about the number of headlights on his car were unreasonable. Indeed his car had only 4 headlights.
SCOW: Police asking driver about weapons is part of any traffic stop’s “mission”
State v. John Patrick Wright, 2019 WI 45, reversing an unpublished court of appeals decision; case activity (including briefs)
The supreme court holds (again) that, as part of any routine traffic stop, police may ask a driver whether he or she is carrying a weapon.
Anonymous tip and officer’s own observations supported traffic stop
State v. Kevin Ian End, 2018AP1437, 3/6/19, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs)
An anonymous caller told police about a vehicle swerving in her lane and having difficulty with speed control. She provided no license late number. An officer proceeded to the area and saw a vehicle make an assortment of traffic violations. When the vehicle eventually went over a curb, the officer activated his lights and conducted a stop. The driver, End, was charged with OWI and PAC as second offenses. On appeal he challenged the stop.
Court of appeals affirms extension of stop and OWI 4th for impairment from prescription medication
State v. James R. Mueller, 2018AP44-CR, 2/12/19, District 3 (1-judge opinion, eligible for publication); case activity (including briefs).
Mueller conceded that an officer had reasonable suspicion to stop him. He argued that the officer extended the stop based on a “hunch” and that his FSTs results did not provide probable cause for arrest or sufficient evidence to convict him because they test for impairment by alcohol, not prescription meds.
Court of appeals asks SCOW to review another case involving extension of a traffic stop
State v. Courtney C. Brown, 2017AP774-CR, District 2, 11/21/18; case activity (including briefs)
Issue:
[A]fter a ticket has been written but before delivery [of the ticket to the motorist], and in the absence of reasonable suspicion, does asking a lawfully stopped motorist to exit the car, whether he or she possesses anything of concern, and to consent to a search unlawfully extend a traffic stop?
Quasi-anonymous tip about drunk driving justified stop, despite lack of bad driving
State v. Emily J. Mays, 2018AP571-CR, District 2, 11/7/2018 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court found the stop of Mays’s car was unlawful because the officer’s testimony and the squad car video showed that, during the time the officer was following Mays, her driving didn’t provide sufficient reasonable suspicion to believe Mays was intoxicated. The court of appeals reverses, holding that the 911 call that led the officer to follow Mays provided reasonable suspicion for the stop.
Driver’s failure to yield on entering roundabout justified traffic stop
State v. Nicholas C. Wegner, 2017AP2236-CR, District 2, 10/23/18 (not recommended for publication); case activity (including briefs)
A police officer testified he was proceeding through a traffic roundabout when Wegner, ignoring the yield signs posted for vehicles entering the roundabout, entered directly in front of the officer and caused the officer to have to brake to avoid hitting Wegner. (¶4). This conduct justified the officer’s stop of Wegner.
SCOW will decide whether asking a driver about weapons is a permissible part of the “ordinary inquiry” allowed during a traffic stop
State v. John Patrick Wright, 2017AP2006-CR, review of an unpublished court of appeals decision; case activity (including briefs)
Issue (from state’s petition for review)
Does asking a lawfully stopped motorist whether he is carrying any weapons, in the absence of reasonable suspicion, unlawfully extend a routine traffic stop?
Deputy had reasonable suspicion to extend stop based on driver’s odor of alcohol and glassy eyes
State v. Misty Dawn Donough, 2017AP2000-CR, 7/10/18, District 1 (1-judge opinion; ineligible for publication), case activity (including briefs)
Deputy Moldenhauer saw Donough’s car disabled on an interstate and stopped to help. Moldenhauer repeatedly interacted with Donough, told her to get into the car, put it in neutral, and steer as the car was pushed on to a side street. Then she approached Donough for her license and insurance and saw her glassy eyes and detected the odor of alcohol.