On Point: a. Field Sobriety Testing

Dane County v. Brenna N. Weber, 2017AP1024, District 4, 1/11/18 (one-judge decision; ineligible for publication); case activity (including briefs)

Weber was legitimately stopped for speeding, but argues there was insufficient basis for the officer to extend the traffic stop to conduct field sobriety tests. The court of appeals holds the totality of the circumstances justified the continued detention.

State v. Frederick S. Smith, 2018 WI 2, 1/9/18, reversing an unpublished court of appeals opinion; case activity (including briefs)

This 60-page, 4-3 decision authorizing an officer to continue a traffic stop even after he realizes that he does not have reasonable suspicion is worth reading. Justice Kelly says the result sends “a tremor through the Foundation of the Fourth Amendment” and should “shock” you. Opinion, ¶67, ¶79. It certainly appears to contradict Rodriguez v. United States, 135 S. Ct. 1609 (2015) and should make for a great cert petition.

State v. Bradley E. Ammann, 2017AP866-CR, 12/7/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)

A state trooper stopped Ammann for speeding as he and his wife were driving home from a wedding reception. The trooper asked Amman to exit the car and then smelled intoxicants on him. This led to field sobriety tests and then a preliminary breath test showing that Ammann had an .068 alcohol concentration. He almost escaped with a mere citation for speeding except the trooper had to go and check his driving record.

State v. Sarah Ann Wallk, 2017AP61, Distirct 1, 9/26/17 (one-judge decision; ineligible for publication); case activity (including briefs)

The court of appeals rejects Wallk’s claim that there was insufficient reasonable suspicion to detain her for field sobriety tests after she was stopped for speeding. 

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. Brian L. Zieglmeier, 2016AP1815-CR, 4/25/17, District 3 (1-judge opinion, ineligble for publication); case activity (including briefs)

What are the odds that a driver who had been drinking beer would get pulled over by an Officer Pilsner? That’s what happened to Zieglmeier, who had been going 42 in a 25 mph zone. While he didn’t seem disoriented when he spoke to Pilsner, he also didn’t pass the “smell test.”

City of Waukesha v. Derek R. Pike, 2016AP1720, 3/1/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs)

A police officer stopped Pike at 1:00 a.m. because his car lacked a front license plate. The officer smelled alcohol, and Pike admitted that he was coming from a nightclub where he had consumed 1 or 2 beers. The officer conducted FSTs, and the results caused him to request blood chemical tests, which Pike refused.

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.

Village of Ashwaubenon v. Mark J. Bowe, 2016AP594, 2/14/17, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs)

Bowe argues that standard field sobriety tests constitute a 4th Amendment search. Thus, law enforcement needs probable cause, not reasonable suspicion, before asking a suspect to perform them. The court of appeals notes that it has twice rejected this argument based on County of Jefferson v. Renz.  It meets the same fate in this appeal.

County of Fond Du Lac v. Blade N. Ramthun, 2016AP825, District 2, 10/26/16 (1-judge opinion, ineligible for publication); case activity (including briefs)

A deputy stopped Ramthun for speeding and suspected that he had been drinking. Because it was 1:08 a.m. and raining hard on Highway 45, the deputy drove him 3 to 4 miles to a gas station to conduct field sobriety tests. Ramthun argued that his temporary detention and movement violated §968.24, which codifies Terry v. Ohio, 392 U.S. 1, 22 (1986).