On Point blog, page 6 of 9
Facts & circumstances supported continued detention for field sobriety testing
State v. Cynthia J. Popp, 2016AP431-CR, District 4, 7/7/16 (one-judge decision; ineligible for publication); case activity (including briefs)
There was reasonable suspicion to continue detaining Popp for field sobriety testing even though the officer didn’t smell alcohol on her and told dispatch and a back-up officer he wasn’t sure what caused the poor driving he’d observed.
On reconsideration, court of appeals finds PC for PBT
State v. Zachary W. Swan, 2015AP1718-CR, 5/5/16, District 4 (one-judge opinion; ineligible for publication); case activity, including briefs
Swan was convicted of OWI 2nd with a prohibited alcohol content. On appeal he argued that the circuit court should have suppressed the results of a preliminary breath test and other evidence due to the absence of probable cause. The court of appeals initially rejected Swan’s argument on the ground of issue preclusion, but on reconsideration agreed with Swan that issue preclusion “could not apply as a matter of law.” (¶2, ¶13). It now rejects Swan’s argument on the merits and affirms.
Passenger’s apparent distress supported stop of car
State v. Tommy K. Miller, 2015AP1211-CR, District 4, 12/23/15 (one-judge decision; ineligible for publication); case activity (including briefs)
The seizure of Miller’s car was justified under the community caretaker doctrine because the officer’s observations led him to believe Miller’s passenger was in distress. Having lawfully seized the car, the officer’s subsequent discoveries gave him reason to ask Miller to perform field sobriety tests (FSTs) and submit to a preliminary breath test (PBT).
Evidence supported extension of stop to perform FSTs
County of Shawano v. Kory V. Amborziak, 2015AP462, 9/22/15, District 3 (1-judge opinion; ineligible for publication); case activity
Ambroziak didn’t challenge an officer’s decision to stop his car for disorderly conduct. Instead, he contended that the officer lacked reasonable suspicion to extend the stop to conduct field sobriety tests but he lost based on the facts found by the circuit court:
Police had reasonable suspicion to extend detention for field sobriety tests
Columbia County v. Jessica N. Johnson, 2015AP332, District 4, 8/27/15 (one-judge decision; ineligible for publication); case activity (including briefs)
The arresting officer had reasonable suspicion to extend Johnson’s detention and ask her to do field sobriety tests based on additional information he gleaned after the initial contact with Johnson. State v. Betow, 226 Wis. 2d 90, 93-95, 593 N.W.2d 499 (Ct. App. 1999), applied.
Detention by security guards doesn’t count as part of prolonged stop
County of Winnebago v. Joshua R. Hunter, 2014AP2628, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket and briefs
Hunter sought suppression of evidence supporting his conviction for OWI, and with a prohibited alcohol concentration, because law enforcement detained him for an unlawful length of time. His motion failed based on the court of appeals’ reading of the not-so-clear testimony at the suppression hearing.
Stop based on traffic violation, FSTs, and PBT upheld
State v. Frederick C. Thomas, III, 2014AP816-818, 2/19/15, District 4 (1-judge opinion; ineligible for publication); click here for briefs
Thomas was convicted of OWI, operating a car with a prohibited alcohol concentration, unsafe lane deviation, and failure to signal a turn. He challenged the stop, the extension of the stop to conduct field sobriety tests, and the administration of the preliminary breath test. The circuit court denied suppression, and the court of appeals affirmed.
Law enforcement need not activate squad car video when making traffic stop
County of Calumet v. Lisa L. Dolajeck, 2014AP2100, District 2, 1/21/15 (one-judge opinion; ineligible for publication); case activity
The court of appeals here affirms a decision denying a motion to dismiss OWI charges and a motion to suppress evidence obtained during a traffic stop. It holds that the sheriff in this case had reasonable suspicion to make the stop, and nothing requires law enforcement officers to record a stop even if they have video cameras in their squad cars.
Extension of traffic stop was reasonable despite lack of evidence driver had used an intoxicant
State v. Julie A. Bilquist, 2014AP426-CR, District 3, 9/23/14 (1-judge; ineligible for publication); case activity
The totality of the circumstances justified extending Bilquist’s detention to investigate whether she was driving while intoxicated despite the lack of indicia—e.g., odor of an intoxicant; glossy, bloodshot eyes; slurred speech—suggesting she had consumed an intoxicant.
Court of appeals sidesteps constitutionality of “community caretaker preliminary breath test” and decides McNeely issue before SCOW
State v. Walter J. Kugler, 2014AP220, District 2, 9/17/14 (one-judge opinion, ineligible for publication); case activity
Kugler challenged his first OWI conviction by arguing that the state trooper who stopped him did not have the requisite probable cause and improperly requested, as a community caretaker, that he submit to a PBT (which he refused). The court of appeals reframed the issue as whether the trooper had reasonable suspicion of an OWI when he detained Kugler for field sobriety tests. You can guess the result. The court of appeals also rushed ahead to decide a McNeely issue that the Wisconsin Supreme Court is literally poised to decide.