On Point blog, page 8 of 9
Court finds reasonable suspicion for traffic stop and standing to challenge it
County of Fond Du Lac v. Nathan M. Kohlwey, 2013AP101-FT, District 2, May 1, 2013; (not recommended for publication); case activity.
This appeal may take the prize for the skimpiest briefs–the appellant’s is 6 pages and the respondent’s is 3. This post is even shorter.
After receiving a 911 call about a driver who had fallen asleep in a truck at a stop sign, sheriff’s deputies stopped a different car,
Reasonable Suspicion – Traffic Stop extended for Field Sobriety Testing
State v. Gary A. Senger, 2011AP1950-CR, District 2, 1/18/12
court of appeals decision (1-judge, not for publication); for Senger: Robert C. Raymond; case activity
Applying the test described in State v. Betow, 226 Wis. 2d 90, 94-95, 593 N.W.2d 499 (Ct. App. 1999) for extending a traffic stop, the court concludes that the officer had reasonable suspicion to administer FSTs following a stop for driving with a revoked license.
Terry Stop, Compared with Arrest
State v. Daniel R. Doyle, 2010AP2466-CR, District 4, 9/22/11
court of appeals decision (1-judge, not for publication); for Doyle: John C. Orth; case activity
Transport of drunk driving suspect 3-4 miles to local police station for purpose of administering field sobriety tests didn’t covert Terry stop into arrest, given that extreme, adverse weather conditions rendered impractical such testing at the scene.
¶11 Terry is codified in Wis.
Traffic Stop – Reasonable Suspicion (OWI); Detention to Administer FST
State v. William M. Hughes, 2011AP647-CR, District 4, 8/25/11
court of appeals decision (1-judge, not for publication); for Hughes: Michael C. Witt; case activity
Traffic stop supported by reasonable suspicion to believe Hughes was operating while intoxicated:
- The stop occurred at night, after a football game, when there is an increased frequency of drunk driving;
- Citizen informant reported observing vehicle weaving outside lane of travel on Interstate,
Reasonable Suspicion / Probable Cause – OWI – Collective Knowledge Doctrine
State v. Bridgette M. Glaze, 2010AP3128-CR, District 2, 8/24/11
court of appeals decision (1-judge, not for publication); for Glaze: John C. Orth; case activity
Although Glaze’s stop by one officer investigating possible domestic violence was likely unsupported (¶9), the stop was adequately supported by an alternative basis: observations of a second, off-duty officer which, under the “collective knowledge” doctrine were imputed to the first officer and supplied reasonable suspicion that Glaze was driving while intoxicated.
Probable Cause, Lane Violation – Reasonable Suspicion, OWI Testing
State v. Charles L. Wendt, 2010AP2416, District 4, 6/23/11
court of appeals decision (1-judge, not for publication); for Wendt: Michael C. Witt; case activity
“Momentary incursion” (or, “slight deviation”) into oncoming lane provided probable cause to stop motorist for violation of § 346.05. Having properly stopped Wendt, the officer had reasonable suspicion to administer field sobriety tests, given the odor of alcohol and latter’s “glassy and bloodshot eyes”: “obvious and classic”
Reasonable Suspicion – Investigatory Stop; Field Sobriety Testing; Citing Unpublished Opinions
State v. Allen L. Resch, 2010AP2321-CR, District 2, 4/27/11
court of appeals decision (1-judge, not for publication); for Resch: Christopher Lee Wiesmueller, Corinne N. Wiesmueller; case activity
Reasonable suspicion supported investigatory stop for possible burglary, where vehicle was parked in private business parking lot at 2:26 a.m., with engine running and lights off.
¶13 Specifically, as the trial court indicated, the time of day is an important factor in determining whether a law enforcement officer had a reasonable suspicion.
Reasonable Suspicion – Field Sobriety Testing
State v. Rafael Labedzki, 2010AP2501-CR, District 2, 4/6/11
court of appeals decision (1-judge, not for publication); for Labedzki: Walter Arthur, Piel, Jr.; case activity
Reasonable suspicion for sobriety testing upheld, where officer had basis for concluding Labedzki was driving while intoxicated after an unchallenged stop for speeding. In brief: “Given that the trooper observed an alcoholic smell coming from Labedzki’s vehicle, a passenger who appeared drunk, bloodshot and glassy eyes on Labedzki,
Reasonable Suspicion for PBT
County of Sauk v. Julio Leon, 2010AP1593, District 4, 11/24/10
court of appeals decision (1-judge, not for publication); for Leon: Robert C. Raymond; Leon BiC; State Resp.; Reply
Odor of intoxicants insufficient, alone, to support administering PBT.
¶20 When an officer is not aware of bad driving, then other factors suggesting impairment must be more substantial. For example,
Traffic Stop – Duration; Field Sobriety Testing – PBT
State v. Joshua L. McDonald, 2010AP1045-CR, District 4, 11/18/10
court of appeals decision (1-judge, not for publication); for McDonald: Tracey A. Wood; McDonald BiC; State Resp.; Reply
Traffic Stop – Duration
¶13 We conclude that the time it took for the deputy to ask McDonald whether he had been drinking that night and for McDonald to answer did not unreasonably prolong the stop.