On Point blog, page 17 of 35
SCOW: Moving suspect 10 miles to hospital exceeded permissible scope of investigative stop; but detention lawful because there was probable cause to arrest and community caretaker doctrine applied
State v. Dean M. Blatterman, 2015 WI 46, 5/5/15, reversing an unpublished court of appeals decision; opinion by Chief Justice Roggensack; case activity (including briefs)
Though police moved Blatterman beyond the “vicinity” of the traffic stop and therefore exceeded the permissible scope of the stop, the detention of Blatterman was nonetheless reasonable because police had probable cause to arrest him for OWI and, in the alternative, the detention was justified under the community caretaker doctrine.
Discrepancy between officer’s testimony and written report doesn’t mean factual findings were clearly erroneous
State v. Andrew J. Joda, 2014AP1949 & 2014AP1950, District 2, 5/6/15 (one-judge decision; ineligible for publication); case activity (including briefs)
Given the trial court’s conclusion that Deputy Becker’s testimony was more credible than Joda’s testimony, the court factual findings are not clearly erroneous just because there was a discrepancy between Becker’s testimony and his written report and Becker was unable to remember exactly where he was when he saw Joda make an illegal u-turn.
Totality of circumstances provided reasonable suspicion to stop vehicle
Langlade County v. Casey Joseph Stegall, 2014AP2369, District 3, 5/5/15 (one-judge decision; ineligible for publication); case activity (including briefs)
Reasonable suspicion does not require the presence of certain facts, or a certain number of facts; rather, “what constitutes reasonable suspicion is a common sense test: under all the facts and circumstances present, what would a reasonable police officer reasonably suspect in light of his or her training and experience.” State v. Young, 212 Wis. 2d 417, 424, 569 N.W.2d 84 (Ct. App. 1997). That “common sense test” was met here.
Driver’s failure to stop after hitting a deer didn’t justify traffic stop
Village of Chenequa v. Chad C. Schmalz, 2015AP94-FT, District 2, 4/22/15 (one-judge decision; ineligible for publication); case activity (including briefs)
The stop of Schmalz’s car was not supported by reasonable suspicion or justified by the community caretaker doctrine.
SCOTUS: Police cannot prolong a completed traffic stop to conduct dog sniff absent reasonable suspicion
Rodriguez v. United States, USSC No. 13-9972, 2015 WL 1780927 (April 21, 2015), reversing United States v. Rodriguez, 741 F.3d 905 (8th Cir. 2014); Scotusblog page (includes links to briefs and commentary)
Some lower courts have held that police may briefly prolong a completed traffic stop in order to conduct a dog sniff. The Supreme Court rejects that approach, and holds that a seizure justified only by a traffic violation “‘become[s] unlawful if it is prolonged beyond the time reasonably required to complete th[e] mission’ of issuing a ticket for the violation.” (Slip op. at 1, quoting Illinois v. Caballes, 543 U.S. 405, 407 (2005)). Thus, prolonging a traffic stop requires reasonable suspicion of criminal activity beyond the traffic infraction.
Detention by security guards doesn’t count as part of prolonged stop
County of Winnebago v. Joshua R. Hunter, 2014AP2628, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket and briefs
Hunter sought suppression of evidence supporting his conviction for OWI, and with a prohibited alcohol concentration, because law enforcement detained him for an unlawful length of time. His motion failed based on the court of appeals’ reading of the not-so-clear testimony at the suppression hearing.
State v. Daniel Iverson, 2014AP515-FT, petition for review granted 1/16/15
Review of an unpublished court of appeals opinion; Click here for docket and briefs
Issue (composed by On Point):
Whether an articulable suspicion or probable cause that a person has violated a statute punishable only by forfeiture can justify a warrantless seizure of the person?
Stop based on traffic violation, FSTs, and PBT upheld
State v. Frederick C. Thomas, III, 2014AP816-818, 2/19/15, District 4 (1-judge opinion; ineligible for publication); click here for briefs
Thomas was convicted of OWI, operating a car with a prohibited alcohol concentration, unsafe lane deviation, and failure to signal a turn. He challenged the stop, the extension of the stop to conduct field sobriety tests, and the administration of the preliminary breath test. The circuit court denied suppression, and the court of appeals affirmed.
Law enforcement need not activate squad car video when making traffic stop
County of Calumet v. Lisa L. Dolajeck, 2014AP2100, District 2, 1/21/15 (one-judge opinion; ineligible for publication); case activity
The court of appeals here affirms a decision denying a motion to dismiss OWI charges and a motion to suppress evidence obtained during a traffic stop. It holds that the sheriff in this case had reasonable suspicion to make the stop, and nothing requires law enforcement officers to record a stop even if they have video cameras in their squad cars.
Squad car video doesn’t show trial court’s findings were clearly erroneous
County of Fond du Lac v. Jeffrey K. Krueger, 2014AP1494, District 2, 12/30/14 (1-judge decision; ineligible for publication); case activity
Krueger was stopped by an officer who said Krueger drove his car over the center line. Krueger disputed that and moved to suppress. At the suppression hearing the officer testified and the video from his squad car camera was played. The trial court found the video to be inconclusive and the officer’s testimony to be credible.