On Point: 2. Traffic stops

State v. Robert L. Bentz, 2017AP1436-CR, 3/21/18, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs)

The State charged Bentz with OWI 3rd and PAC 3rd. Bentz moved to suppress evidence for lack of reasonable suspicion to detain and lack of probable cause to arrest. The circuit court denied his motion. The appeal concerned the point at which the law enforcement officer seized Bentz and the evidence supporting reasonable suspicion and probable cause.

State v. Angela J. Coker, 2017AP1555, District 2, 2/14/18 (one-judge decision; ineligible for publication); case activity (including briefs)

Coker was charged with OWI after police stopped her car because other drivers called police to report an erratic driver. The court of appeals rejects her claim that the information from the callers wasn’t sufficiently reliable because it was offered anonymously and wasn’t corroborated by the arresting officer’s observations.

Milwaukee County v. Nicholas O. Moran, 2017AP1047 & 2017AP1048, District 1, 1/23/18 (one-judge decision; ineligible for publication); case activity (including briefs)

The totality of the circumstances provided reasonable suspicion to believe Moran was operating while intoxicated, so police were justified in continuing to detain Moran to conduct field sobriety tests.

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State v. Frederick S. Smith, 2018 WI 2, 1/9/18, reversing an unpublished court of appeals opinion; case activity (including briefs)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. Neil R. Hebert, 2016AP2168, 12/19/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

That’s the long and short of it. The circuit court held the officer, who had pulled Hebert over for speeding,  unlawfully extended the stop to investigate an OWI, but the court of appeals reverses. 

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.