On Point blog, page 5 of 35
Circuit court’s findings on credibility, reasonable suspicion weren’t erroneous
State v. Travis R. Braly, 2021AP2086-CR, District 4, 6/9/22 (one-judge decision; ineligible for publication); case activity (including briefs)
Braly challenges the stop of the car he was driving, arguing it was clearly erroneous for the circuit court to find that the officer who stopped him had reasonable suspicion to believe he had not stopped prior to entering an intersection as required by § 346.46(1) and (2)(c). The circuit court rejects the claim based on the officer’s testimony, the squad camera footage, and the circuit court’s findings.
Blue light over rear license plate provided reasonable suspicion for traffic stop
State v. Joshua John Hansen, 2021AP1006 & 2021AP1620-CR, District 4, 5/5/22 (one-judge decision; ineligible for publication); case activity (including briefs)
A blue light illuminating the rear license plate is an apparent equipment violation and thus justified the stop of Hansen’s car. Once stopped, the officer had reasonable suspicion to extend the stop to investigate whether Hansen was operating while intoxicated.
Counsel wasn’t ineffective in OWI/PAC prosecution
State v. Eric Trygve Kothbauer, 2020AP1406-CR, District 3, 5/3/22 (one-judge decision; ineligible for publication); case activity (including briefs)
Kothbauer challenges his trial lawyer’s representation in a prosecution for operating while intoxicated and with a prohibited alcohol concentration. The court of appeals holds trial counsel wasn’t deficient or, even if he was, the deficiency wasn’t prejudicial.
SCOW will address standard of review for reasonable suspicion traffic stops
State v. Charles W. Richey, petition to review a per curiam opinion granted 4/13/22; case activity (including briefs)
Question presented:
Whether, at the time of the stop, Officer Meier only had a generalized hunch that Richey’s motorcycle may have been the one that committed a traffic violation.
Circumstances supported extension of stop to investigate whether driver had prohibited alcohol concentration
State v. Nicholas Reed Adell, 2021 WI App 72; case activity (including briefs)
Reversing a circuit court order suppressing evidence, the court of appeals holds the totality of the circumstances gave rise to a reasonable suspicion that Adell was driving with a prohibited alcohol concentration (PAC) and that police could extend the traffic stop to have Adell perform field sobriety tests (FSTs).
Moving driver to nearby police station for field sobriety tests was reasonable
State v. Caleb James Watson, 2021AP355-CR, District 2, 8/25/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Taking Watson to a local police station to perform field sobriety tests (FSTs) wasn’t unreasonable and thus didn’t violate the Fourth Amendment.
Fourth Amendment reasonableness requirement doesn’t mandate field sobriety tests be done a location sheltered from inclement weather
Portage County v. Sean Michael Dugan, 2021AP454 & 2021AP455, District 4, 8/5/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Dugan was stopped in a snowstorm. The officer had him do field sobriety tests at the scene of the stop, in a rut in the snow crated by the squad’s tires. (¶¶3-4). Having Dugan do the FSTs in the snow didn’t make his detention unreasonable under the Fourth Amendment.
Over dissent, court finds reasonable suspicion for traffic stop
State v. Isaac D. Taylor, 2019AP797-CR, District 2, 7/30/21 (not recommended for publication); case activity (including briefs)
The majority sees specific and articulable facts providing reasonable suspicion for a traffic stop. The dissent sees a change in the state’s justification for the stop that sandbags the defense and turns the court of appeals into a fact finder.
Rookie cop’s mistake in reading results of registration check didn’t invalidate stop given other facts showing reasonable suspicion
State v. Anthony Francen Harris, 2019AP1908-CR, District 3, 7/30/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Police stopped the car Harris was driving in part because Skenandore, an officer-in-training, misread the data on his in-squad computer screen and wrongly concluded that the car’s owner didn’t have a valid license. (¶¶2-3, 5-7). His mistake doesn’t matter because the officer’s other observations justified the stop.
Police had basis to conduct FSTs and ask for PBT
Village of Grafton v. Elizabeth A. Wesela, 2020AP1416, District 2, 4/7/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Wesela concedes police had reaonsable suspicion to make the initial stop of the car she was driving, but complains, fruitlessly, that the officer didn’t have reasonable suspicion to extend the stop to conduct field sobriety tests or to ask for preliminary breath test.