On Point blog, page 33 of 35

Seizure of Person: Some Restraint Necessary; Reasonable Suspicion: Stop of Car: No Front Plate – “Frisk” of Car

State v. Leneral Louis Williams, 2010 WI App 39; for Williams: Richard L. Zaffiro; Resp Br.; Reply Br.

Seizure – Some Restraint Necessary

¶16      The Fourth Amendment is not implicated until there has been a seizure. The Court in Terry described a seizure as “whenever a police officer accosts an individual and restrains his [or her] freedom to walk away.” Id.

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State v. Phillip Brian Conaway / Craig Griffin, 2010 WI App 7

court of appeals decision; for Conaway: Philip J. Brehm; for Griffin: Michael S. Murphy

Reasonable Suspicion for Traffic Stop, Excessive Window Tint, Generally

¶3    The window tint regulation at issue here is easily summarized. Rear window tinting is permitted only if the window allows at least 35% of light to pass through, except that the limitation does not apply to tinting done during the original manufacture of a vehicle. 

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Reasonable Suspicion – Basis – OWI – Time of Day, Erratic Driving

State v. Michael L. Popke, 2009 WI 37, reversing unpublished opinion
For Popke: John Miller Carroll, Aaron W. Schenk

Issue / Holding:

¶26      In the case at hand, the officer had reasonable suspicion that the defendant was operating a motor vehicle while intoxicated. Similar to the specific and articulable facts observed by the officer in Post, the officer in this case made the following observations over the course of approximately one block at 1:30 a.m.: The defendant was driving with three-quarters of the vehicle left of the center of the road;

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Reasonable Suspicion Issues – Frisk – Routine Traffic Stop

State v. Melvin Bridges, 2009 WI 66, PFR filed 5/18/09
For Bridges: Michael S. Holzman

Issue/Holding: Frisk of Bridges during routine traffic stop (defective brake lights) upheld, where the early-evening stop was in an area “where the police had received numerous complaints of gunshots fired at night,” and Bridges when pulled over had made “a questionable movement”; State v. Gary A. Johnson,

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Reasonable Suspicion – Basis – Traffic Stops – Administrative Code Equipment Violation (Excessive Tint) – Stop Effectuated by Local Police

State v. Dennis E. Bailey, 2009 WI App 140
For Bailey: Jeffrey W. Jensen

Issue/Holding1: The police have authority to stop a vehicle for an equipment violation of an administrative code provision incorporated under local ordinance:

¶17      Wisconsin Stat. § 349.02(2)(a) and (b) expressly allow a police officer to stop a vehicle for violation of a statute or ordinance enacted under this chapter.

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Routine Traffic Stop — Routine Traffic Stop – Duration – Extension by 78 Seconds to Perform Dog Sniff

State v. Ramon Lopez Arias, 2008 WI 84, on Certification
For Arias: Lora B. Cerone, SPD, Madison

Issue: whether extending a routine traffic stop by 78 seconds so that a dog could perform (without reasonable suspicion) a “drug sniff” amounted to an unlawful seizure.

Holding:

¶34      … . There remains no hard-and-fast time limit for when a detention has become too long and therefore becomes unreasonable. 

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Reasonable Suspicion – Basis – Traffic Stop – Deviations within Lane – No Bright-Line Rule, Stop Permissible under Totality of Particular Circumstances

State v. Robert E. Post, 2007 WI 60, reversing unpublished decision
For Post: T. Christopher Kelly

Issue/Holding1: Weaving within lane of travel doesn’t support bright-line rule justifying stop for suspicion of drunk driving:

¶14      The State contends that Sergeant Sherman had reasonable suspicion to stop Post. It advocates the view that repeated weaving of a motor vehicle within a single lane (absent an obvious innocent explanation) provides the reasonable suspicion to make an investigatory stop.

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Reasonable Suspicion – Basis – Traffic Stop – Deviations within Lane, et al – Stop Permissible, Totality of Particular Circumstances

State v. Robert E. Post, 2007 WI 60, reversing unpublished decision
For Post: T. Christopher Kelly

Issue/Holding: 

¶28 As in Waldner, the police officer in the present case did not observe any actions that constituted traffic violations or which, considered in isolation, provided reasonable suspicion that criminal activity was afoot. However, when considered in conjunction with all of the facts and circumstances of the case,

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Reasonable Suspicion – Basis – Unusual Nervousness and Behavior, as Ground to Extend Routine Traffic Stop

State v. Philip R. Bons, 2007 WI App 124, PFR filed 4/24/07
For Bons: Vladimir M. Gorokhovsky

Issue: Whether a concededly proper traffic stop (for speeding) was extended without sufficient cause when the officer, after issuing the ticket and returning the license, asked to search the car.

Holding:

¶15  We conclude that Ramstack could have formed a reasonable suspicion that Bons was engaged in illegal activity,

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Reasonable Suspicion – Basis – Traffic Stop – Vehicle’s Owner Known to Have Revoked License

State v. Frank C. Newer, 2007 WI App 236, PFR filed 11/8/07prior history: Certification, 8/8/07, denied, 9/10/07
For Newer: Francis R. Lettenberger

Issue/Holding: The police have reasonable suspicion to stop a vehicle whose owner’s DL is known to have been revoked, given no reason to think someone other than the owner is behind the wheel:

¶2    We now reverse the circuit court’s suppression of the evidence and remand for further proceedings.

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