On Point: 2. Traffic stops

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,

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court of appeals decision (1-judge, not for publication); for Walters: Thomas E. Hayes; case activity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,

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court of appeals decision (1-judge, not for publication); for Currie: Jon Stanek; case activity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

court of appeals decision (1-judge, not for publication); for Thompson: Gregg H. Novack; case activity

Traffic Stop – Ordering Driver Out of Car

¶6        Thompson contends that the circuit court erred in concluding that the officer did not violate Thompson’s Fourth Amendment rights by ordering Thompson to get out of his car following the traffic stop.  This is how Thompson puts it in his brief:  “Mr. Thompson specifically argues that the Milwaukee Police Department had no legal right to order him from his vehicle.”  It is settled,

State v. Charles L. Wendt, 2010AP2416, District 4, 6/23/11

court of appeals decision (1-judge, not for publication); for Wendt: Michael C. Witt; case activity

“Momentary incursion” (or, “slight deviation”) into oncoming lane provided probable cause to stop motorist for violation of § 346.05. Having properly stopped Wendt, the officer had reasonable suspicion to administer field sobriety tests, given the odor of alcohol and latter’s “glassy and bloodshot eyes”: “obvious and classic”

State v. Jeffrey D. Walli, 2011 WI App 86 (recommended for publication); for Walli: Chad A. Lanning; case activity

Trial court factual findings made from a combination of live testimony and video evidence are reviewed deferentially, under the “clearly erroneous” standard of review; the court rejects de novo review of the video recording. Here, it is a police squad video of a traffic stop, with the officer testifying (and the trial court finding) that Walli in fact crossed the center line,

State v. Andrew R. Reierson, 2010AP596-CR, District 4, 4/28/11

court of appeals decision (1-judge, not for publication); for Reierson: John Smerlinski; case activity

The officer’s erroneous reading of Reierson’s license plate, causing the officer to wrongly believe that his registration had expired, nonetheless supported stop of the car under the good-faith rule.

¶11      We conclude the circuit court properly denied the motion to suppress because the officer had probable cause to stop Reierson for operating with an expired registration,

State v. Allen L. Resch, 2010AP2321-CR, District 2, 4/27/11

court of appeals decision (1-judge, not for publication); for Resch: Christopher Lee Wiesmueller, Corinne N. Wiesmueller; case activity

Reasonable suspicion supported investigatory stop for possible burglary, where vehicle was parked in private business parking lot at 2:26 a.m., with engine running and lights off.

¶13      Specifically, as the trial court indicated, the time of day is an important factor in determining whether a law enforcement officer had a reasonable suspicion. 

State v. Rafael Labedzki, 2010AP2501-CR, District 2, 4/6/11

court of appeals decision (1-judge, not for publication); for Labedzki: Walter Arthur, Piel, Jr.; case activity

Reasonable suspicion for sobriety testing upheld, where officer had basis for concluding Labedzki was driving while intoxicated after an unchallenged stop for speeding. In brief: “Given that the trooper observed an alcoholic smell coming from Labedzki’s vehicle, a passenger who appeared drunk, bloodshot and glassy eyes on Labedzki,

County of Sheboygan v. Jeffrey L. Bubolz, 2010AP2997, District 2, 4/6/11

court of appeals decision (1-judge, not for publication); for Bubolz: Casey J. Hoff; case activity

Ignoring a warning sign that a road is closed except to local traffic creates reasonable suspicion for a traffic stop, even though the sign was an “unofficial” one put up by the contractor.

¶11      Failure to adhere to official traffic signs is a violation of WIS.