On Point: 2. Traffic stops

State v. Kevin O’Connor, 2012AP1638-CR, District 2, 1/23/12; court of appeals decision (1-judge, ineligible for publication); case activity

Police lawfully stopped defendant because the vehicle he was driving did not have a visible front license plate. While there are exceptions to  the statute requiring vehicles to display a front plate (Wis. Stat. § 341.15), the “great majority” of vehicles on the road are required to have a front plate.

State v. Tamara Jo Potter, 2012AP1605-CR, District 3, 1/23/13; court of appeals decision (1-judge, ineligible for publication); case activity

Police lawfully stopped the defendant based on information from an anonymous tip that was corroborated by the officer’s observations. Minnesota police told Douglas County dispatch that it had received a tip of a “swerving” car heading into Superior. An officer in Superior located a car meeting the description and followed it.

court of appeals decision (1-judge, ineligible for publication); case activity

State v. Andrew Wheaton, 2012AP173-CR

Reasonable Suspicion – OWI

Presence of the following factors establish reasonable suspicion to stop Wheaton for impaired driving:

¶23      The State points to the following as factors that produced an objectively reasonable suspicion of impaired driving at the time of the stop:  (1) Wheaton was driving at 3:05 a.m.,

State v. Randall Lee Sugden, 2012AP408-CR, District 4, 10/15/12

court of appeals decision (1-judge, ineligible for publication); case activity

Arrest in Richland County by a Sauk County deputy sheriff was justified under the fresh pursuit doctrine, § 175.40(2). State v. Haynes, 2001 WI App 266, 248 Wis. 2d 724, 638 N.W.2d 82, discussed and applied:

¶12      Applying Haynes to the facts of this case,

State v. Jan P. Hogan, 2012AP966-CR, District 4, 10/25/12

court of appeals decision (1-judge, ineligible for publication); case activity

Reasonable suspicion supported stop of car displaying “dealer imitation” plate (i.e., failing to display permanent or temporary plate in violation of § 341.04(1)). State v. Griffin, 183 Wis. 2d 327, 333, 515 N.W.2d 535 (Ct. App. 1994) (OK to stop car with “license applied for”

State v. Timothy W. Bastian, 2012AP793-CR, District 3, 9/25/12

court of appeals decision (1-judge, ineligible for publication); case activity

 The court holds, without resolving the issue of whether reasonable suspicion sufficed, that probable cause supported Bastian’s traffic stop for inattentive driving, given “the circuit court’s factual determination that Bastian was ‘looking towards the passenger seat’”:

¶10      Wisconsin Stat. § 346.89, titled “Inattentive driving,” provides in relevant part:  “No person while driving a motor vehicle shall be so engaged or occupied as to interfere with the safe driving of such vehicle.”  Wis.

State v. Eric K. Fredlund, 2012AP742-CR, District 2, 8/22/12

court of appeals decision (1-judge, ineligible for publication); case activity

An officer’s observation that a vehicle’s headlights “just appear[ed],” such that the officer couldn’t tell if the vehicle had been traveling down the roadway without lights, supported a traffic stop.

¶6        From the deputy’s observation of Fredlund’s vehicle at around “4 or 4:30 in the morning,” a reasonable officer could reasonably infer that Fredlund was violating the law by driving down the highway without the vehicle’s headlights turned on.  

Village of Jackson v. John W. Hespe, 2012AP680-FT, District 2, 8/15/12

court of appeals decision (1-judge, ineligible for publication); case activity

“Unsafe,” but not necessarily “illegal” rate of speed supported traffic stop, State v. Anagnos, 2012 WI 64, 341 Wis. 2d 576, 815 N.W.2d 675, followed:

¶6        Here, Hespe contends that while the court found that his speed was not normal,

State v. Michael P. Green, 2011AP2137-CR, District 2, 8/8/12

court of appeals decision (1-judge, not for publication); case activity

Traffic stop, based on report by gas station attendant of suspected drunk driver, was sufficiently reliable to support investigatory stop.

¶10      This court has previously held that a tip shows sufficient indicia of reliability to justify an investigative stop when the informant identifies himself or herself to the dispatcher,

State v. Paul H. Olson, 2011AP1728-CR, District 4, 7/26/12

court of appeals decision (1-judge, ineligible for publication); case activity

¶11      Although Officer Welker did not observe Olson commit any traffic violations, the other facts known to Officer Welker at the time he initiated questioning demonstrate that he had reasonable suspicion to justify the investigatory stop.  The incident took place at 11:30 p.m.  “The hour of the day may … be relevant in that the individual’s activities may or may not be consistent with the typical behavior of law-abiding citizens at that time.”  State v.