On Point blog, page 27 of 35
Traffic Stop – Temporary Plate
City of Sheboygan v. Kathy L. Reindl-Knaak, 2011AP1090, District 2, 11/2/11
court of appeals decision (1-judge, not for publication); for Reindl-Knaal: Casey J. Hoff; case activity
¶7 The parties do not dispute that Reindl-Knaak’s vehicle had an expired front license plate, that the temporary plate affixed to the rear of the vehicle was later determined to be valid, and that Jaeger had probable cause to continue Reindl-Knaak’s detention based on the odor of alcohol and her “slow” speech.
Probable Cause – Seat Belt Violation
State v. Steven C. Cushman, 2011AP957, District 4, 10/20/11
court of appeals decision (1-judge, not for publication); for Cushman: John Smerlinksi; case activity
Probable cause to believe Cushman wasn’t wearing seat belt supported stop of his vehicle.
¶8 Wisconsin Stat. § 347.48 (2m)(gm) mandates seat belt use when operating a motor vehicle equipped with seat belts.[3] In 2009, this statute was amended to remove language that had previously prohibited a law enforcement officer from stopping a vehicle based solely on the failure to wear a seat belt.
Traffic Stop – Duration; Frisk – “Armed and Presently Dangerous”
State v. Jon Paul A. Fernandez, 2010AP1394-CR, District 2, 10/12/11
court of appeals decision (1-judge, not for publication); for Fernandez: Jefren E. Olsen, SPD, Madison Appellate; case activity
Concededly lawful traffic stop (operating without headlights) wasn’t unreasonably prolonged by warrant checks, arrest of passenger on warrant for unpaid forfeiture, and then search of car incident to that arrest, before the traffic ticket was issued, ¶11 (“Absent any indication of unreasonable delay,
Terry Stop, Compared with Arrest
State v. Daniel R. Doyle, 2010AP2466-CR, District 4, 9/22/11
court of appeals decision (1-judge, not for publication); for Doyle: John C. Orth; case activity
Transport of drunk driving suspect 3-4 miles to local police station for purpose of administering field sobriety tests didn’t covert Terry stop into arrest, given that extreme, adverse weather conditions rendered impractical such testing at the scene.
¶11 Terry is codified in Wis.
Traffic Stop – Probable Cause – 911 Call
City of Sheboygan Falls v. John D. Prinsen, 2011AP700, District 2, 9/14/11
court of appeals decision (1-judge, not for publication); for Prinsen: Kirk B. Obear, Casey J. Hoff; case activity
Probable cause supported stop for driving wrong way on highway, based on information provided ion a 911 call; State v. Rutzinski, 2001 WI 22, 241 Wis. 2d 729, 623 N.W.2d 516, applied:
¶11 The Rutzinski standard is met in this case.
Traffic Stop – Reasonable Suspicion (OWI); Detention to Administer FST
State v. William M. Hughes, 2011AP647-CR, District 4, 8/25/11
court of appeals decision (1-judge, not for publication); for Hughes: Michael C. Witt; case activity
Traffic stop supported by reasonable suspicion to believe Hughes was operating while intoxicated:
- The stop occurred at night, after a football game, when there is an increased frequency of drunk driving;
- Citizen informant reported observing vehicle weaving outside lane of travel on Interstate,
Reasonable Suspicion / Probable Cause – OWI – Collective Knowledge Doctrine
State v. Bridgette M. Glaze, 2010AP3128-CR, District 2, 8/24/11
court of appeals decision (1-judge, not for publication); for Glaze: John C. Orth; case activity
Although Glaze’s stop by one officer investigating possible domestic violence was likely unsupported (¶9), the stop was adequately supported by an alternative basis: observations of a second, off-duty officer which, under the “collective knowledge” doctrine were imputed to the first officer and supplied reasonable suspicion that Glaze was driving while intoxicated.
Traffic Stop: Reasonable Suspicion, Traffic Violation; OWI Refusal Hearing: Lawfulness of Arrest
State v. Dimitrius Anagnos, 2011 WI App 118 (recommended for publication); for Anagnos: Barry S. Cohen; case activity; reversed, 2012 WI 64
Traffic Stop – No Turn Signal
Failure to use a turn signal where neither traffic nor pedestrians are present doesn’t support a traffic stop:
¶9 Wisconsin Stat. § 346.34(1)(b) states that a driver must use a turn signal “[i]n the event that any other traffic may be affected.” The circuit court found that Anagnos did not violate this statute when he made a left turn without using his signal,
Terry Stop – Reasonable Suspicion – Citizen-Informant; Duration
State v. Michael D. Walters, 2010AP3156-CR, District 2, 7/20/11
court of appeals decision (1-judge, not for publication); for Walters: Thomas E. Hayes; case activity
Tip provided by citizen informant’s 911 call reporting drug use in car traveling on highway was sufficiently reliable to support stop, given that the informant provided her name, phone number, description of her vehicle, her proximate location and direction of travel, and remained on the line with updates:
¶23 According to Williams,
Traffic Stop – Air Freshener
State v. Cathy Ann Currie, 2011AP322-CR, District 3, 7/19/11
court of appeals decision (1-judge, not for publication); for Currie: Jon Stanek; case activity
¶7 Lear testified he stopped Currie because he observed “a very large air freshener” hanging from her rearview mirror. The court determined that any object hanging from a rearview mirror would obstruct a driver’s clear view through the front of the windshield. The court also found Lear’s testimony about his observations credible.