On Point blog, page 7 of 9
Traffic stop was unreasonably extended because officer lacked reasonable suspicion to conduct FSTs
State v. Gumersinda M. Gonzalez, 2013AP2585-CR, District 4, 5/8/14 (1-judge; ineligible for publication); case activity
The officer lacked reasonable suspicion to extend the duration of a traffic stop by asking a driver to perform field sobriety tests, so evidence of THC possession obtained during the stop must be suppressed.
Stop converted to arrest where police moved OWI suspect 10 miles to hospital before performing sobriety tests
State v. Dean M. Blatterman, 2013AP2107-CR, District 4, 4/24/14 (one-judge; ineligible for publication), petition for review granted 9/24/14, reversed, 2015 WI 46; case activity
You don’t see this very often. The court of appeals just reversed a circuit court decision denying a motion to suppress evidence of intoxication. The police performed field sobriety and blood tests after moving the suspect out of the general vicinity of the stop. This converted the stop into an arrest for which there was no probable cause.
Taking defendant from site of stop to nearby police station didn’t turn stop into an arrest
State v. Michael J. Adrian, Jr., 2013AP1890-CR, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity
Transporting Adrian from the site his vehicle was stopped to the nearest police station for the purpose of performing field sobriety tests did not convert a lawful Terry detention into an illegal custodial arrest.
A person temporarily detained under Terry may be moved “in the general vicinity of the stop without converting what would otherwise be a temporary seizure into an arrest.” State v.
Officer had reasonable suspicion to continue detention and administer field sobriety tests
Marquette County v. Randy S. Tomaw, 2013AP1510, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity
Tomaw was going 17 miles over the speed limit at 1:20 on a Sunday morning. He did not appear to respond to the officer’s initial attempt at contact, his upper body swayed as he walked to the rear of his vehicle, and the officer detected the “strong odor” of alcohol on his breath.
Even if field sobriety tests constitute a “search” under the Fourth Amendment, police may request them based on reasonable suspicion of impairment
Village of Little Chute v. Ronald A. Rosin, 2013AP2536, District 3, 2/25/14; court of appeals decision (1-judge; ineligible for publication); case activity
Rosin argues that field sobriety tests are searches under the Fourth Amendment because “[a]n inherent right as a human being is to control and coordinate the actions of [his or her] own body[,]” and, therefore “a fundamental expectation of privacy is implicated when a person is subject to the performance of [field sobriety tests].” (¶12).
Traffic stops — reasonable basis to prolong traffic stop to conduct field sobriety tests
State v. Richard H. Hogenson, 2013AP389-CR, District 3, 10/15/13; court of appeals decision (1-judge; ineligible for publication); case activity
Though it is “a very close case” (¶14), the court of appeals holds an officer had reasonable suspicion to extend a traffic stop based on a burned-out headlamp and conduct field sobriety tests:
¶15 In this case, at the moment [Officer] Jenatscheck requested that Hogenson participate in field sobriety tests,
Reseasonable suspicion of impairment justified extension of traffic stop to conduct field sobriety tests
State v. Kenneth B. Burmeister, 2013AP1016-CR, District 3, 9/17/13; court of appeals decision (1-judge; ineligible for publication); case activity
Police lawfully extended a traffic stop to conduct field sobriety tests because the odor of alcohol, the driver’s initial “deflective answer” to the question of whether he had been drinking, and his subsequent admission to drinking gave the police reasonable suspicion to believe the driver was impaired:
¶11 We reject Burmeister’s assertion that the facts observed by Logan suggest only the presence of alcohol.
OWI — reasonable suspicion for traffic stop and OWI investigation
State v. Tony L. Wyatt, 2013AP728-CR, District 2, 8/28/13; court of appeals decision (1-judge; ineligible for publication); case activity
A sheriff’s deputy stopped the car Wyatt was driving after checking the license plate of a car driving in front of the deputy and determining the car’s owner—a female—didn’t have a valid driver’s license. If the deputy didn’t know before the stop that the driver was male, the stop was lawful under State v.
Field sobriety tests may be a “search” under the Fourth Amendment, but that doesn’t change the legal standard governing when an officer may request they be performed
Town of Freedom v. Matthew W. Fellinger, 2013AP614, District 3, 8/6/13; court of appeals decision (1-judge; ineligible for publication); case activity
Fellinger argues that field sobriety tests are searches under the Fourth Amendment because “[a]n inherent right as a human being is to control and coordinate the actions of [his or her] own body[,]” and, therefore “a fundamental expectation of privacy is implicated when a person is subject to the performance of [field sobriety tests].” (¶12).
OWI – probable cause to administer PBT
State v. Travis M. Ranta, 2012AP1663, District 4 (1-judge, ineligible for publication); case activity
Police were called to a campsite where the defendant admitted to drinking with underage individuals. An hour later, another officer was called to the same site, where he observed the defendant behaving in a “belligerent, uncooperative [and] loud” manner. A PBT showed the defendant had a .156 BAC, so he was informed that he couldn’t drive his truck out of the campsite.