On Point blog, page 31 of 35
Traffic Stop – Tail Lamp Violation
State v. Laurence Evan Olson, 2010AP149-CR, District 4, 8/5/10
court of appeals decision (1-judge, not for publication); for Olson: Christopher W. Dyer; BiC; Resp.; Reply
¶11 WISCONSIN STAT. § 347.13(1) provides that “[n]o vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated on a highway during hours of darkness unless both such lamps are in good working order.” WISCONSIN STAT.
Field Sobriety Testing
State v. Eric Michael Webley, No. 2010AP747-CR, District 4, 7/29/10
court of appeals decision (1-judge, not for publication); for Webley: Steven Cohen; BiC; Resp.
The police had reasonable suspicion believe Webley was driving with a blood alcohol level exceeding 0.02, and thus to perform field sobriety tests, after an indisputably proper stop for speeding, given the following (in addition to which, Webley admitted having had two beers):
¶8 …
Traffic Stop – Lane Violation
State v. Kevin A. Rhyne, No. 2009AP163, District 4, 7/29/10
court of appeals decision (1-judge, not for publication); pro se; Resp. Br.
¶7 “An officer may conduct a traffic stop when he or she has probable cause to believe a traffic violation has occurred.” State v. Popke, 2009 WI 37, ¶13, 317 Wis. 2d 118, 765 N.W.2d 569 (citing State v.
Traffic Stop – OWI
State v. Brittany A. Meye, No. 2010AP336-CR, District II, 7/14/10
court of appeals decision (1-judge, not for publication); for Meye: Kevin G. Keane; BiC; Resp.; Reply
¶6 Meye argues that the odor of intoxicants alone is insufficient to raise reasonable suspicion to make an investigatory stop. We agree. We will not cite, chapter and verse, all the many cases in this state where either we or our supreme court found facts sufficient for an investigatory stop.
Traffic Arrest – Probable Cause – Crossing Median
Village of Whitefish Bay v. David W. Czirr, No. 2010AP92, District I, 6/22/10
court of appeals decision (1-judge; not for publication); for Czirr: Rex Anderegg; BiC; Resp.; Reply
Driving across median, even for very brief period of time, establishes probable cause to arrest for traffic offense:
¶14 Next, Czirr does not specifically argue that momentarily being on top of the median cannot constitute a violation of WIS.
Reasonable Suspicion Issues – Frisk – Minor Traffic Stop – Passenger (Various Factors, Including Nervousness, High-Crime Area)
State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision
For Kyles: Eileen A. Hirsch, SPD, Madison Appellate
Issue/Holding: The following factors did not add up to reasonable suspicion supporting the frisk of a passenger during a routine traffic stop (¶17):
(1) The officer testified that he “didn’t feel any particular threat before searching” the defendant.
(2) The defendant,
Traffic Stop – Reasonable Suspicion, OWI
Shawano Co. v. William P. Pari, No. 2009AP2338-FT, District III, 6/15/10
court of appeals decision (1-judge; not for publication); for Pari: John S. Bartholomew; BiC; Resp.; Reply
¶10 We agree that Pari’s minimal deviations within the traffic lane do not alone give rise to reasonable suspicion that he was operating while intoxicated. See id., ¶¶18-21. Nor do we place great emphasis on that fact here when considering the totality of the circumstances.
State v. Brian A. Oetzman, 2009AP2514-CR, District II, 6/9/10
court of appeals decision (1-judge; not for publication); for Oetzman: Kirk B. Obear; BiC; Resp.; Reply
Traffic Stop – U-Turn
¶8 As such, three rules of the road come into play.Under Wis. Stat. § 346.34(1), no person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Wis.
County of Milwaukee v. Caleb L. Manske, 2009AP1779, District I, 6/8/10
court of appeals decision (1-judge; not for publication); for Manske: Jennifer R. Drow; BiC; Resp.; Reply
Traffic Stop – Reasonable Suspicion
¶16 Manske submits that because his driving was in some respects not consistent with an impaired driver, Galipo did not have reasonable suspicion to stop him. However, the test for reasonable suspicion is not whether all of the driver’s actions constituted erratic driving.
State v. Michael J. Lonergan, No. 2009AP3001-CR, District III, 5/25/10
court of appeals decision (1-judge; not for publication); for Lonergan: Owen R. Williams; BiC; Resp.
Reasonable Suspicion – OWI Stop
Stop supported by reasonable suspicion, where vehicle “‘deviated constantly’ from a direct line of travel” and “made several abrupt course corrections,” albeit within its own lane. United States v. Lyons, 7 F.3d 973 (10th Cir. 1993) and United States v.