On Point: 2. Traffic stops

State v. Daniel R. Folkman, 2013AP1363-CR, District 3, 12/17/13; court of appeals decision (1-judge; ineligible for publication); case activity

A deputy on patrol checked the license plate of an oncoming car. The check showed the car belonged to Folkman. The deputy then checked Folkman’s license status, which was expired, so the deputy stopped the car, ultimately resulting in Folkman’s arrest for OWI. (¶2). The court of appeals rejects Folkman’s claim the deputy needed some valid reason to initiate the registration and license checks.

State v. Steven L. Udelhofen, 2013AP1244-CR, District 4, 11/14/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court’s findings of fact regarding the circumstances of the stop of Udelhofen are not clearly erroneous despite the fact that he squad car video didn’t corroborate all the details of the officer’s testimony regarding his observations, applying State v. Walli, 2011 WI App 86,

Sun Prairie v. Brent D. Curry, 2013AP1206, District 4, 11/7/13; court of appeals decision (1-judge; ineligible for publication); case activity

Police had reasonable suspicion to stop Curry, who was driving on a residential street at 3:40 a.m., turned around, sped past the officer’s car, and then turned at a high rate of speed into the driveway of a residence. He then sat in the car for a few minutes before getting out and walking up the driveway;

State v. Nick A. Lutter, 2012AP2586, District 4, 10/31/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court’s findings of fact at the suppression hearing were not clearly erroneous, and they supported the court’s conclusion there was reasonable suspicion to stop Lutter. Among other reasons for the stop, the state trooper cited Lutter’s crossing the fog line twice and driving onto the fog line once.

State v. Sandra Biancardi, 2013AP1351, District 2, 10/30/13 (1-judge, ineligible for publication); case activity

Biancardi was convicted of OWI.  On appeal she argued that police unlawfully stopped her based on an uncorroborated, anonymous tip contrary to Illinois v. Gates, 462 U.S. 213 (1983).  The court of appeals, citing State v. Post, 2007 WI 60, ¶24, 301 Wis. 2d 1,

Jackson County v. Robert J. Troka, 2013AP317, District 4, 10/17/13; court of appeals decision (1-judge; ineligible for publication); case activity

A police officer lawfully stopped a car traveling in the opposite direction that flashed its high beams at the officer twice, once within about a half mile of the officer, the second time within about 200 feet of the officer, even though the officer’s high beams were not on.

Review of a published court of appeals decision; case activity

Issue  (composed by the State’s petition for review)

In determining the legality of a vehicle stop under the Fourth Amendment, did the court of appeals properly conclude that a tail lamp that is sixty-six percent functional is in “good working order” as required under Wis. Stat. § 347.13(1) and thus cannot serve as a basis for an officer’s probable cause to stop the vehicle?

State v. Richard H. Hogenson, 2013AP389-CR, District 3, 10/15/13; court of appeals decision (1-judge; ineligible for publication); case activity

Though it is “a very close case” (¶14), the court of appeals holds an officer had reasonable suspicion to extend a traffic stop based on a burned-out headlamp and conduct field sobriety tests:

¶15      In this case, at the moment [Officer] Jenatscheck requested that Hogenson participate in field sobriety tests,

Question presented:

Does the Fourth Amendment require an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate dangerous driving before stopping the vehicle?

Lower court opinion: People v. Lorenzo Prado Navarette, et al., No. A132353, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished)

Docket

Scotusblog page

This is a very significant Fourth Amendment case that could change the law in Wisconsin by limiting State v.

Manitowoc County v. Ryan A. Spatchek, 2013AP986, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity

An anonymous call to police dispatch said Spatchek was operating while intoxicated and that the caller was concerned for his safety and provided verifiable information as to Spatchek’s location  that was later confirmed by a deputy who subsequently found and followed Spatchek and made independent observations of his impaired driving (crossing the fog line approximately three times in one mile;