On Point: 2. Traffic stops

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court of appeals decision (1-judge, not for publication); case activity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

State v. Dimitrius Anagnos, 2012 WI 64, reversing 2011 WI App 118; case activity

OWI – Refusal Hearing – Authority to Litigate Constitutionality of Traffic Stop 

Constitutionality of the traffic stop  may be raised as a defense at a refusal hearing, § 343.305(9)(a)5.a.

¶29  In this case, the relevant portion of the statute is found in sub. (9)(a)5.a.  That subsection permits circuit courts to consider “[w]hether the officer had probable cause to believe the person was driving or operating a motor vehicle while under the influence of alcohol . 

court of appeals decision (1-judge, not for publication); for Anderson: Dennis M. Melowski, Chad A Lanning; case activity

Traffic Stop 

Probable cause found to support stop for unsafe lane deviation, § 346.13(1).

¶12      Here, DeNovi testified that, while traveling in a group of three vehicles, he observed Anderson’s vehicle drift into the outside lane for approximately 100 yards and then swerve back to the inside lane.  

court of appeals decision (1-judge, not for publication); for Thomas: John M. Carroll; case activity

Traffic Stop – Duration 

¶8        Thomas argues Schellinger lacked reasonable suspicion to extend the traffic stop because the only fact supporting Schellinger’s belief that Thomas was operating while intoxicated was the odor of intoxicants.  Thomas asserts the odor of intoxicants does not, by itself, constitute reasonable suspicion that a driver is operating while intoxicated.  

State v. Joel R. Medrow, 2011AP2314, District 1, 5/15/12

court of appeals decision (1-judge, not for publication); for Medrow: Chad A. Kanning; case activity

An anonymous call to the police reported that the caller had followed a possibly impaired driver who had turned parked in the front parking lot of the Cudahy Police Department; the report included the vehicle’s license plate number. The court concludes that, upon seeing Medrow just outside that vehicle,

County of Waukesha v. Thomas C. Groshek, 2011AP001371, District 2/4, 5/3/12

court of appeals decision (1-judge, not for publication); for Groshek: Thomas C. Simon; case activity

¶7        Deputy Smith was dispatched to a semi-rural area to investigate a report  that a motorcycle had been involved in an accident at approximately 1:30 a.m., around “bar time,” in the vicinity of a bar.  Smith was advised that following the accident,

State v. John E. Meddaugh, 2011AP237-CR, District 1, 5/1/12

court of appeals decision (1-judge; not for publication); for Meddaugh: Theodore Perlick Molinari; case activity

¶9        Based on the totality of the circumstances, we agree with the circuit court that Sturino put forth specific, articulable facts which warranted the stop when considered with the inferences from those facts.  Sturino testified that shortly after hearing tires screech, he observed Meddaugh’s vehicle “fishtail.”  Fishtailing,