On Point: 1. Stops, in general

State v. Marcellous D. Tally-Clayborne, 2016AP1912-CR, District 1, 10/17/17 (one-judge decision; ineligible for publication); case activity (including briefs)

Tally-Clayborne challenges his carrying a concealed weapon conviction, arguing he was unlawfully stopped, detained and searched because police had no information suggesting he was involved in any illegal activity. The court of appeals holds both the stop and pat-down search were justified.

State v. Damien Markeith Divone Scott, 2017 WI App 74; case activity (including briefs)

In this case of first impression in Wisconsin, the court of appeals holds that the stop of a car at a police checkpoint was justified by the “special needs” of law enforcement.

State v. Michael J. Mansfield, 2016AP2423-CR, 10/3/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

Mansfield argued police didn’t have reasonable suspicion to detain him based on a tip from an anonymous Turtle Lake Casino employee. The court of appeals holds the tipster should be treated as a citizen informant and, under the standard for citizen informants, the tip provided reasonable suspicion.

State v. Denton Ricardo Ewers, 2016AP1671-CR, 8/22/2017, District 3 (not recommended for publication); case activity (including briefs)

An employee at Family Dollar called the police to report that man who appeared “dazed and confused” and whose breath smelled of intoxicants had come into the store before leaving in a gold Ford Focus and heading west. An officer looked for the Focus but could not find it. Two hours later, the employee called back to say the same man, still “dazed and confused,” had once again been in the store, and once again had departed to the west in his gold Ford Focus. This time, the officer located the car and stopped it. The driver, Ewers, seemed intoxicated, which he eventually proved to be.

State v. Jesse U. Felbab, 2017AP12-CR, 8/2/17, District 2 (1-judge opinion; ineligible for publication); case activity (including briefs)

If at first you don’t succeed, try, try, try again. That’s surely the State’s take away from this decision. Deputy Schoonover stopped Felbab for erratic driving and determined that field sobriety tests and a drug-detecting dog were in order, so he called for a back up.  This led to the State charging Felbab with possession of THC. He moved to suppress.  Before giving its decision, the court told the parties that it would be willing to grant a motion to reopen if the losing party wanted to enter more evidence into the record. Hint. Hint.

State v. Tracy Dean Martin, 2017AP296, 7/25/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)

An anonymous tipster told West Allis police that a man was asleep in a car parked across 4 spots at a Taco Bell. The lot was otherwise fairly empty. A check on the car’s registration revealed that its owner, Martin, had 3 prior OWIs and a .02 alcohol restriction. The officer approached the car, saw the headlights on, the keys in the ignition, and Martin asleep holding a taco in one of his hands.

State v. Sara Ann Ponfil, 2016AP2059-CR, 5/31/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

A police officer discovered cocaine after he detained Ponfil, who, as the officer approached, got out of one of two vehicles parked next to each other outside a bar. The court of appeals concludes that, considered together, the bar’s status as a “high-crime area,” the behavior of the vehicles’ occupants, and the presence of a known gang member in the other vehicle provided reasonable suspicion to believe she was engaged in illegal conduct.

County of Dodge v. Alexis N. Unser, 2016AP2172, 4/6/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Unser wasn’t unlawfully moved outside the “vicinity” of the traffic stop when the officer transported her six miles to conduct field sobriety tests.

State v. Dane C. McKeel, 2016AP884-CR, District 4, 2/16/17 (one-judge decision; ineligible for publication); case activity (including briefs)

“Due to the extremely cold, windy, icy, and snowy conditions” police moved McKeel approximately 8 miles from where he was stopped to a local police department so that McKeel had the “best opportunity” to complete field sobriety tests. (¶¶4-5). Moving McKeel this far did not transform the stop into an arrest.

State v. Brianna L. Flahavan, 2016AP1133-CR, 1/26/17, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs).

Assumptions are dangerous things to make, and like all dangerous things to make–bombs, for instance, or strawberry shortcake–if you make even the tiniest mistake you can find yourself in terrible trouble.”

—Lemony Snicket, The Austere Academy