On Point: 2. Traffic stops

court of appeals decision (1-judge; not for publication); for Pintar: Sarvan Singh; BiC; Resp.; Reply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court of appeals decision (1-judge; not for publication)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court of appeals decision (1-judge; not for publication); BIC; Resp.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

court of appeals decision (1-judge; not for publication); BiC; Resp.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

Traffic Stop – Reasonable Suspicion – § 346.072(1)
“We are satisfied that a reasonable officer could reasonably suspect that, by driving 28 to 30 miles per hour in a 25-mile-per-hour zone within 2 to 3 feet of the squad cars, Statz did not slow down, maintain a safe speed for traffic conditions,

court of appeals decision (1-judge, not for publication); Resp Br. (Baake); Reply (State)

Traffic Stop – Failure to Yield to Stopped Police Vehicle
Stop for failure to yield unsupported: “§ 346.072, by its plain language, only requires a motorist to change lanes if there are two or more lanes in the motorist’s direction of travel and it is safe to do so,” ¶11; no “testimony that Baake failed to slow down or that he was traveling at an unsafe speed,

court of appeals decision (1-judge; ineligible for publication)

Vehicle Stop – Rear Plate State Name Obscured
Stop OK where rear plate bracket obscured name of state.

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

Traffic Stop
Reasonable suspicion to stop vehicle for violating § 346.31(2), right hand turns to be made close as practicable to right-hand edge curb or highway.

court of appeals decision (1-judge; not for publication)

Vehicle Stop – Rear Plate State Name Obscured
Stop proper where rear plate bracket obscured name of state, even though “America’s Dairyland” visible at bottom of plate;  pretextual nature of stop irrelevant.

court of appeals decision (1-judge; not for publication)

Vehicle Stop – Reasonable Suspicion – Anonymous Tip Insufficient
Anonymous tip “from an unknown informant calling from an unknown location” that driver in restaurant parking lot pouring out beer insufficiently reliable to support subsequent stop, where no traffic violations or erratic driving observed.