On Point blog, page 34 of 36
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.
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.
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State v. Robert E. Post, 2007 WI 60, reversing unpublished decision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.
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State v. Robert E. Post, 2007 WI 60, reversing unpublished decision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,
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,
Reasonable Suspicion – Basis – Traffic Stop – Vehicle’s Owner Known to Have Revoked License
State v. Frank C. Newer, 2007 WI App 236, PFR filed 11/8/07; prior 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.
Reasonable Suspicion – Basis – Traffic Stop – Pretext
State v. Frank C. Newer, 2007 WI App 236, PFR filed 11/8/07; prior history: Certification, 8/8/07, denied, 9/10/07
For Newer: Francis R. Lettenberger
Issue/Holding: ¶4, n. 2.
The circuit court also refused to consider the alternative grounds of the observed speeding violation because the officer “wasn’t using that as a basis for the stop.” We note that the officer’s subjective motivation for making a stop is not the issue;
Reasonable Suspicion — Stop, Duration, Routine Traffic Violation
State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15
For Johnson: Eileen A. Hirsch, SPD, Madison Appellate
Issue/Holding:
¶45 Another factor weighs strongly against the reasonableness of the protective search in this case. Before Johnson was asked to exit the vehicle and submit to a pat down, he gave Stillman paperwork showing that his vehicle had passed an emissions test recently,
Stop – Basis – Automobile: Display of Temporary Plate
State v. Raymond Lord, Jr., 2006 WI 122, reversing unpublished opinion
For Lord: George A. Tauscheck
Issue: Whether the police may stop an automobile solely because it displays a temporary license plate.
Holding:
¶4 … Law enforcement officers cannot stop an automobile to determine whether it is properly registered unless the officers have reasonable suspicion or probable cause to believe that either the automobile is being driven contrary to the laws governing its operation or that any occupant is subject to seizure in connection with the violation of an applicable law.
Reasonable Suspicion — Stop – Duration – Routine Traffic Offense – Prolonged to Seek Consent to Search Automobile
State v. Joseph R. Luebeck, 2006 WI App 87, (State’s) PFR filed 5/17/06
For Luebeck: Alex Flynn; Adam B. Stephens; Rebecca Robin Lawnicki
Issue: Whether the traffic stop, valid at inception, was impermissibly extended so as to invalidate consent to search the car.
Holding:
¶14 … (I)n its decision reaffirming the order granting Luebeck’s motion to suppress the evidence, the circuit court stated:
I don’t think any reasonable person would have felt this encounter had concluded and that he was free to leave.