On Point: 2. Traffic stops

State v. Travis J. Rose, 2018 WI App 5; case activity (including briefs)

A police officer investigating reports of Rose’s erratic driving concluded Rose was not intoxicated by alcohol, but continued to detain him and, after securing consent, searched Rose’s car, where he found narcotics. The court of appeals holds the officer’s continued detention of Rose, and thus the consent to search the car, were lawful because the officer had reasonable suspicion to continue his investigation.

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. Xavier Grullon, 2016AP2404-CR, District 3, 11/28/17 (one-judge decision; ineligible for publication); case activity (including briefs)

A tip from a 911 caller together with an officer’s observations provided reasonable suspicion for a traffic stop, holds the court of appeals.

State v. David L. Miller, 2017AP685-CR, 11/9/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)

Miller moved to suppress evidence of OWI on the grounds that the deputy who stopped him lacked reasonable suspicion. The suppression hearing involved two types of evidence: (1) the deputy’s testimony, and (2) the squad video. Miller asked the court of appeals to review the squad video de novo and to publish a decision saying that it is appropriate for appellate courts to do so. The court of appeals saw no need for publication. It found that the trial court denied suppression based on the deputy’s testimony and only used the video to assess his credibility.

State v. Matthew P. Elliott, 2016AP2363, 11/8/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

A police officer in his squad followed a vehicle from a bar for a short time before the vehicle turned into the parking lot of a closed restaurant. A couple minutes later, the officer returned and parked behind the still-running car, the driver of which appeared to be unconscious. The officer did not have his emergency lights or his spotlight on. The driver got out of the car and approached the squad and the officer too got out. The officer asked for identification, and shortly thereafter noted sings of intoxication ultimately leading to arrest.

State v. Dustin M. Sherman, 2016AP2225, 10/5/17, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs)

Sherman argued that police lacked reasonable suspicion to conduct the traffic stop that led to his refusal to submit to a blood alcohol test. The officer stopped him for a violation of the statute requiring a tail lamp to emit a red light plainly visible from a distance of 500 feet to the rear. §347.13(1). When asked how close he had to get before he could see Sherman’s tail lamp, the officer said “I couldn’t tell you but it was less than 500 feet.”

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. Michael A. Johnson, 2017AP331-CR, District 2, 8/23/17 (1-judge opinion, ineligible for publication); case activity (including briefs)

Officer Baldwin stopped Johnson for failing to dim his headlights, then cited him for that and failing to provide proof of insurance for the car he was driving (his mom’s). Baldwin told Johnson that he was free to go, so Johnson started to walk away. Baldwin asked “do you have drugs, weapons or alcohol in the car?” Johnson replied “no.” Baldwin asked if he could search the car.  Johnson replied that the car did not belong to him. 

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.