On Point: 2. Traffic stops

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court of appeals decision (1-judge; not for publication); for Czirr: Rex Anderegg; BiC; Resp.; Reply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.

State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision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,

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court of appeals decision (1-judge; not for publication); for Pari: John S. Bartholomew; BiC; Resp.; Reply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.

court of appeals decision (1-judge; not for publication); for Oetzman: Kirk B. Obear; BiC; Resp.; Reply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.

court of appeals decision (1-judge; not for publication); for Manske: Jennifer R. Drow; BiC; Resp.; Reply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.

court of appeals decision (1-judge; not for publication); for Lonergan: Owen R. Williams; BiC; Resp.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.

court of appeals decision (1-judge; not for publication); for Pintar: Sarvan Singh; BiC; Resp.; Reply

Probable Cause – Traffic Violation
The police had probable cause to believe Pintar violated § 343.13(1), given uncontroverted testimony that his vehicle “moved across the center skip line (of I-94) into the lane of a car that was approaching from the rear, causing the car to activate its break lights and move out of the way.”

court of appeals decision (1-judge; not for publication)

Traffic Stops
No seizure, given that police neither “prompted” Hennessey to park car not blocked him in; therefore reasonable suspicion not necessary to approach car.

State v. Robert A. Tomaszewski, 2010 WI App 51; for Tomazewski: Devon M. Lee, SPD, Madison Appellate; Resp. Br.; Reply Br.

¶6 n. 3:

Tomaszewski argues this is not a case in which reasonable suspicion that he was violating a traffic law would justify the stop. In Tomaszewski’s view, a temporary detention may be justified by reasonable suspicion only where an officer cannot determine,

court of appeals decision (1-judge; not for publication); BIC; Resp. Br.

Traffic Stop – Reasonable Suspicion
Stop was supported by reasonable suspicion, given trial court findings that “Johnson’s vehicle crossed the fog line and drifted across the lane to the area of the center line, weaved from the right to the left while negotiating curves in the road, moved close enough to the center line on a curve to cause concern that it might collide with an oncoming vehicle,