On Point: 2. Traffic stops

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;

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,

State v. Raymond Lord, Jr., 2006 WI 122, reversing unpublished opinion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.

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.

State v. Calvin R. Kolk, 2006 WI App 261
For Kolk: Michael Zell

Issue/Holding: The (lawful) traffic stop’s purpose concluded when the officer returned Kolk’s license and registration and issued his warning; however, the officer had not released Kolk from the temporary detention caused by the traffic stop when he next asked for consent to search the car and as a result Kolk’s ensuing consent was tainted,

State v. Reginald Jones / Maurice E. O’Neal, 2005 WI App 26, (AG’s) PFR filed 2/23/05
For Jones: John P. Tedesco, SPD, Madison Appellate
For O’Neal: Jess Martinez

Issue/Holding: Though the facts are almost indistinguishable from those in State v. Lawrence A. Williams, 2002 WI 94, 255 Wis. 2d 1, 646 N.W.2d 834, consent to search a car immediately after conclusion of a routine traffic stop was (unlike Williams) the product of an illegal detention.

State v. Jeffrey P. Powers, 2004 WI App 143
For Powers: Walter Arthur Piel, Jr.

Issue/Holding:

¶10. Powers insists that the clerk’s tip is unreliable because the clerk did not observe Powers drive his truck “in a manner consistent with someone who was under the influence of an intoxicant.” We conclude that the tip was reliable for several reasons.

¶11. First, the tip was based on first-hand observations.

State v. Ibrahim Begicevic, 2004 WI App 57
For Begicevic: Donna J. Kuchler

Issue/Holding:

¶6. Kennedy had reasonable suspicion to conduct an investigative stop. Viewed in isolation, some of what she observed was lawful behavior. It is lawful for a car to be on the roadway at 1:30 a.m. It is lawful for a car to be stopped at an angle within its lane of travel.

State v. Donavan W. Malone, 2004 WI 108, on certification
For Malone: John A. Cabranes

Issue: Whether, during a routine traffic stop, the officer may request passengers to get out of the vehicle and question them on matters reasonably related to the nature of the stop.

Holding: Because lawfulness of the stop of the car in which Malone was riding was undisputed, the applicable framework of analysis is found in State v.

State v. Bruce A. Kassube, 2003 WI App 64
For Kassube: Leonard D. Kachinsky

Issue/Holding:

¶7. We conclude, however, that the totality of the circumstances supports a reasonable basis for James’s suspicion. James had known Kassube between nine and twelve years and had never known Kassube to have a driver’s license at any time during that period. Further, within eleven months of the stop, Kassube informed James that he still did not have a license.