On Point blog, page 18 of 35
Identifiable informants provided sufficient information to justify traffic stop
State v. Peter J. Long, 2014AP707-CR, District 2, 12/23/14 (1-judge decision; ineligible for publication); case activity
The police acted reasonably in stopping Long under an “attempt to locate” (ATL) that was based on information from identifiable persons as well as on Long’s own statements, and the officers’ manner in stopping him did not convert the stop into an arrest.
Police lacked reasonable suspicion to stop car for leaving scene of a reportable accident
State v. Cody J. Nolan, 2014AP1359-CR, District 3/4, 12/23/14 (1-judge decision; ineligible for publication); case activity
The police did not have reasonable suspicion to believe the red car Nolan was driving had been involved in a reportable accident and was leaving the scene or was assisting others in leaving the scene of a reportable accident in violation of § 346.70(1) or (1m)(b), as there was no evidence supporting a reasonable belief the alleged accident involved sufficient property damage to make it reportable under the statute.
Police had reasonable suspicion to detain and probable cause to administer PBT
State v. Aaron J. Fuchs, 2014AP1041-CR, District 4, 12/18/14 (1-judge decision; ineligible for publication); case activity
In assessing reasonable suspicion to detain Fuchs, police properly considered an allegation that Fuchs had been acting in “a violent and intoxicated” manner at a wedding reception before his contact with police; and based on all the circumstances, police had sufficient basis to administer a PBT.
State v. Patrick Hogan, 2013AP430-CR, petition for review granted 11/14/14
Review of a per curiam court of appeals decision; case activity
Issue (composed by Hogan’s petition for review):
1. When a person is illegally detained by law enforcement for a period of time and then is verbally released by the officers for a comparatively very brief period of time before being re-approached by the officer(s), when is the time of the officers’ disengagement of the person properly regarded as a brief interruption of the illegal detention and when should the disengagement be regarded as the end of one stop and the start of a second stop?
Suicide threat justifies “community caretaker” stop of vehicle
Dane County v. Joshua H. Quisling, 2013AP2743, 10/16/14, District 4, (1-judge decision, ineligible for publication); case activity
Applying the “community caretaker” doctrine, the court of appeals held that a police officer was justified in stopping Quisling’s car based upon an informant’s tip that he was suicidal. Evidence obtained after the stop need not be suppressed, and Quisling’s OWI conviction stands.
Traffic stops based on non-traffic forfeiture offenses are illegal
State v. Daniel S. Iverson, 2014AP515-FT, 10/9/14, District 4 (1-judge decision, ineligible for publication), petition for review granted 1/16/15; reversed, 2015 WI 101; case activity
Iverson won a motion to suppress and dismissal of his first OWI. He prevailed again on appeal. Turns out the state trooper did not stop Iverson on suspicion of OWI. He initiated the stop because he observed a cigarette butt being tossed from the passenger side of Iverson’s Jeep, which is neither a crime nor a traffic violation. Thus, traffic stops based on non-traffic forfeiture offenses are illegal.
Deviating from lane, following to closely supported stop; and stop wasn’t unreasonably prolonged
State v. Robert A. Harris, 2014AP965-CR, District 2, 10/8/14 (1-judge; ineligible for publication); case activity
There was reasonable suspicion that Harris was operating his motor vehicle while intoxicated and the length of Harris’s detention was not unreasonable.
Traffic stop lawful despite absence of traffic violations or erratic driving
Justin P. Brandl, 2014AP1036-CR, District 2, 10/8/14 (1-judge; ineligible for publication); case activity
Even though police did not see any traffic violations or erratic driving, the totality of the circumstances gave rise to reasonable suspicion and made the stop of Brandl’s motorcycle lawful.
Traffic stop lawful because officer had probable cause to believe someone in car violated littering ordinance
State v. Jeramy J. Qualls, 2014AP141-CR, District 2, 10/8/14 (1-judge; ineligible for publication); case activity
Without resolving the burning issue of whether ash from a cigarette violates the Village of Pleasant Prairie’s littering ordinance, the court of appeals holds that a police officer lawfully stopped Qualls’s car because he had reason to believe someone in the car threw a cigarette out the window.
Presence of unfamiliar car in driveway of a colleague’s house didn’t provide reasonable suspicion for stop
State v. Benjamin P. Lind, 2014AP749-CR, District 3, 9/30/14 (1-judge; ineligible for publication); case activity
Officer’s observation of an unfamiliar vehicle entering the driveway of a home of a local police officer at 1:36 a.m. did not provide reasonable suspicion to conduct an investigatory stop of the vehicle.