On Point blog, page 14 of 35
Traffic stop was not unlawfully extended, and defendant consented to search conducted during stop
State v. Lewis O. Floyd, Jr., 2016 WI App 64, petition for review granted 1/9/2017, affirmed, 2017 WI 78; case activity (including briefs)
Police found drugs on Floyd after they searched him during a traffic stop. Floyd claims the traffic stop was extended beyond what was necessary to issue the citations he was given and that he didn’t consent to the search. The court of appeals turns back both challenges.
Unusual nervousness alone can justify extension of traffic stop
State v. Joshua J. Hams, 2015AP2656-CR, 6/30/16, District 4; (1-judge opinion; ineligible for publication); case activity (including briefs)
Don’t look down! If you do–and stutter nervously in response to questioning–the police have reasonable suspicion to extend a stop of your car for a traffic violation. So says the court of appeals in a decision that veers across the constitutional line and runs into federal case law heading the opposite direction.
Traffic stop unreasonable; officer had no reason to conclude driver violated parking statute
State v. Justin Carl Herman Hembel, 2015AP1220-CR, 5/10/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
Police lacked probable cause to believe Hembel violated § 346.54, governing “How to park and stop on streets,” so the stop of Hembel was unlawful.
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.
Court of appeals: No seizure when cop asked that car window be rolled down
State v. Tyler Q. Hayes, 2015AP314-CR, and State v. Tanner J. Crisp, 2015AP315-CR, 4/6/2016, District 2 (not recommended for publication); case activity (including briefs)
A sheriff’s deputy, noticing a car parked outside the lines in a parking lot, pulled behind the car, walked up to the driver’s door, and perhaps (the testimony is not clear) asked that the window be rolled down. However the window came to be open, the deputy smelled marijuana and you know the rest. So were the vehicle’s occupants seized when the deputy asked them to roll down the window and they complied?
Stop of SUV reasonable due to malfunctioning stop lamp
State v. James A. Webb, 2015AP1613-CR, 3/22/16, District 1 (-1-judge opinion; ineligible for publication); case activity (including briefs)
The court of appeals here reverses a suppression order and holds that officers had reasonable suspicion to stop Webb’s SUV because its high-mount stop light was not working while the driver was braking. During the stop, officers discovered that Webb was carrying a concealed weapon without a permit.
Weaving within lane, other circumstances supported traffic stop
Columbia County v. Stephen M. Kokesh, 2015AP1650, District 4, 3/10/16 (one-judge decision; ineligible for publication); case activity (including briefs)
The totality of the circumstances—the driving observed by the officer and the time of the driving—provided reasonable suspicion stop Kobkesh’s car, despite Kokesh’s creative attempt to show otherwise.
Court of appeals sees no problem with initiation or duration of traffic stop
State v. John D. Arthur Griffin, 2015AP1271-CR, 3/3/16, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
The court of appeals finds that the police had reasonable suspicion to stop the car Griffin was driving and, even though that suspicion dissipated during the encounter, that the continued detention of Griffin was reasonable.
Stop of car OK based on license restriction of one of the two registered owners
State v. Drew A. Heinrich, 2015AP1524-CR, District 4, 2/25/16 (one-judge decision; ineligible for publication); case activity (including briefs)
The stop of the car Heinrich was driving was reasonable under State v. Newer, 2007 WI App 236, 306 Wis. 2d 193, 742 N.W.2d 923, because one of the two owners of the car had an occupational license and the vehicle was being operated outside the times allowed by that license.
Seeing driver holding cellphone didn’t justify stop for texting while driving
United States v. Gregorio Paniagua-Garcia, 7th Circuit Court of Appeals No. 15-2540, 2/18/16
The stop of Paniagua-Garcia for texting while driving was unlawful because the officer had no basis for concluding Paniagua-Garcia was using his cellphone to send a text or email as opposed to using it in some way that isn’t prohibited.