On Point blog, page 26 of 35
Traffic Stop – 911 Call
State v. Michael L. Frank, 2011AP2306, District 3, 4/10/12
court of appeals decision (1-judge, not for publication); for Frank: Robert A. Kennedy, Jr.; case activity
Information, provided by a 911 caller reporting observations about Frank’s erratic driving, provided a basis for a lawful stop.
17 In this case, we conclude that Judge lawfully stopped Frank based on Shatzer’s tip.[3] A police officer may conduct a traffic stop if the officer has probable cause to believe a traffic violation has occurred or if the officer has reasonable suspicion,
Traffic Stop – Duration – Dog Sniff
State v. Dawn M. Fletcher, 2011AP1356-CR, District 3, 3/27/12
court of appeals decision (1-judge, not for publication); for Fletcher: Earl J. Luaders, III; case activity
The court upholds search of a car following a drug dog alert which occurred while an officer was still processing a warning ticket for a conceded traffic violation:
¶7 On appeal, Fletcher concedes the initial stop was lawful. She argues the dog sniff was illegal because the officer had no reasonable suspicion to detain the occupants of the vehicle to request a dog sniff.
Reasonable Suspicion – Traffic Stop, OWI
Village of DeForest v. Lynn J. Braun, 2011AP2116, District 4, 3/15/12
court of appeals decision (1-judge, not for publication); for Braun: Robert Nagel; case activity
Stop for driving under the influence unsupported by reasonable suspicion:
¶11 I likewise conclude that there were insufficient facts before Officer Schaefer which could lead him to reasonably suspect that Braun was driving a motor vehicle under the influence of an intoxicant.
Reasonable Suspicion – Traffic Stop – Crossing Fog Line
State v. Jordan T. Griffith, 2011AP2226-CR, District 2, 2/15/12
court of appeals decision (1-judge, not for publication); for Griffith: Walter Arthur Piel, Jr.; case activity
¶5 In order for an investigatory stop to be justified by reasonable suspicion, the officer must have a “‘particularized and objective basis’ for suspecting the person stopped of criminal activity.” State v. Walli, 2011 WI App 86,
Traffic Stop: Failure to Display Front Plate
State v. Terrence T. Boyd, 2012 WI App 39 (recommended for publication); for Boyd: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity
Because Boyd’s car was registered in a state (Illinois) that issues two plates, car could be stopped for failing to display a plate on the front, in violation of § 341.15(1) (“[w]henever 2 registration plates are issued for a vehicle, one plate shall be attached to the front and one to the rear of the vehicle.”).
State v. Dimitrius Anagnos, 2011 WI App 118, rev. granted 1/25/12
on review of published opinion; for Anagnos: Barry S. Cohen; case activity; prior post
Traffic Stop – Reasonable Suspicion – OWI Refusal Hearing Challenge to Arrest
Issues (composed by On Point):
1. Whether the officer could lawfully stop Anagnos’ vehicle for failing to use a turn signal where neither traffic nor pedestrians were present, § 346.34(1)(b).
2. Whether the officer had reasonable suspicion to stop Anagnos’
Reasonable Suspicion – Traffic Stop extended for Field Sobriety Testing
State v. Gary A. Senger, 2011AP1950-CR, District 2, 1/18/12
court of appeals decision (1-judge, not for publication); for Senger: Robert C. Raymond; case activity
Applying the test described in State v. Betow, 226 Wis. 2d 90, 94-95, 593 N.W.2d 499 (Ct. App. 1999) for extending a traffic stop, the court concludes that the officer had reasonable suspicion to administer FSTs following a stop for driving with a revoked license.
Reasonable Suspicion – Traffic Stop (OWI)
State v. Brian S. Wold, 2011AP1518-CR, District 2, 12/14/11
court of appeals decision (1-judge, not for publication); for Wold: Patrick A. Dewane, Jr.; case activity
Report from a named, citizen informant that a particular vehicle was “driving all over the roadway” was sufficiently reliable to support traffic stop for OWI, even though after spotting the vehicle, the officer followed it for a mile without himself observing any traffic violations.
Traffic Stop – Duration
State v. John R. Nelson, 2011AP125-CR, District 2, 12/7/11
court of appeals decision (1-judge, not for publication); for Nelson: John A. Nelson; case activity
The officer’s observation that Nelson’s vehicle intruded “somewhat into the intersection” before stopping provided reasonable suspicion for a stop-sign violation, § 346.46(1). The stop wasn’t unnecessarily prolonged by summoning a drug dog while the officer ran record checks and issued a warning ticket.
Arrest, OWI – Probable Cause – Video Evidence
State v. Gustavo E. Lopez, 2011AP1037-CR, District 2, 11/23/11
court of appeals decision (1-judge, not for publication); for Lopez: Walter Arthur Piel, Jr.; case activity
¶8 While the record reveals that Lopez is correct in stating that the court took video evidence from the roadside stop into consideration when making the finding of probable cause, we disagree that this was in any way not allowed. When determining the facts available to the officer to formulate probable cause,