On Point blog, page 9 of 36
Quasi-anonymous tip about drunk driving justified stop, despite lack of bad driving
State v. Emily J. Mays, 2018AP571-CR, District 2, 11/7/2018 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court found the stop of Mays’s car was unlawful because the officer’s testimony and the squad car video showed that, during the time the officer was following Mays, her driving didn’t provide sufficient reasonable suspicion to believe Mays was intoxicated. The court of appeals reverses, holding that the 911 call that led the officer to follow Mays provided reasonable suspicion for the stop.
Driver’s failure to yield on entering roundabout justified traffic stop
State v. Nicholas C. Wegner, 2017AP2236-CR, District 2, 10/23/18 (not recommended for publication); case activity (including briefs)
A police officer testified he was proceeding through a traffic roundabout when Wegner, ignoring the yield signs posted for vehicles entering the roundabout, entered directly in front of the officer and caused the officer to have to brake to avoid hitting Wegner. (¶4). This conduct justified the officer’s stop of Wegner.
Radar was working, so speed reading provided reasonable suspicion for stop
City of Watertown v. Jeffrey Donald Perschke, 2018AP555, District 4, 10/18/18 (one-judge decision; ineligible for publication); case activity (including briefs)
An officer stopped Perschke after the radar device the officer was using clocked Perschke going 38 in a 25-mile-per-hour zone. Perschke claims the officer lacked reasonable suspicion to stop him because the radar wasn’t working properly, but the circuit court’s finding to the contrary dooms Perschke’s argument.
SCOW will decide whether asking a driver about weapons is a permissible part of the “ordinary inquiry” allowed during a traffic stop
State v. John Patrick Wright, 2017AP2006-CR, review of an unpublished court of appeals decision; case activity (including briefs)
Issue (from state’s petition for review)
Does asking a lawfully stopped motorist whether he is carrying any weapons, in the absence of reasonable suspicion, unlawfully extend a routine traffic stop?
Information from named citizen informant provided reasonable suspicion for traffic stop
City of West Bend v. Erik J. Wille, 2018AP151, District 2, 8/15/18 (one-judge decision; ineligible for publication); case activity (including briefs)
Wille was waylaid by police while he was waiting for his Wendy’s order, leading to his arrest for OWI. The restaurant manager had called police after seeing open beer cans in Wille’s car when he was in the drive-thru. He claims the information from the manager didn’t give police reasonable suspicion to stop him. That claim fails.
ACLU news: Wisconsin sheriff policies on immigration don’t satisfy constitution; racial profiling lawsuit settled
The ACLU just released a report called “Fixing Wisconsin Sheriff Policies on Immigration Enforcement.” Among other things, it found that 24 Wisconsin counties have policies that allow or encourage the detention of immigrants for being undocumented or entering the country legally and then overstaying a visa. Without a warrant, this violates the constitution. Another 29 counties have no policies at all. What’s your county’s policy? Click here for the press release and here for the report.
Deputy had reasonable suspicion to extend stop based on driver’s odor of alcohol and glassy eyes
State v. Misty Dawn Donough, 2017AP2000-CR, 7/10/18, District 1 (1-judge opinion; ineligible for publication), case activity (including briefs)
Deputy Moldenhauer saw Donough’s car disabled on an interstate and stopped to help. Moldenhauer repeatedly interacted with Donough, told her to get into the car, put it in neutral, and steer as the car was pushed on to a side street. Then she approached Donough for her license and insurance and saw her glassy eyes and detected the odor of alcohol.
Defense win! Police lacked reasonable suspicion to question driver about whether he had guns and a CCW permit
State v. John Patrick Wright, 2017AP2006-CR, 6/12/18, District 1;(1-judge opinion, ineligible for publication), petition for review granted 10/9/18, reversed 2019 WI 45, ; case activity (including briefs)
Police stopped Wright’s car because a headlight was out, but they asked him whether he had a concealed carry permit and weapons in the car. He admitted he had a firearm and explained that he had recently completed the CCW course. Too bad. He was arrested and charged with 1 count of carrying a concealed weapon. He moved to suppress on the grounds that the police lacked reasonable suspicion to question him about a CCW permit and weapons.
Court of appeals upholds extension of traffic stop based on strong odor of perfume and cigarettes
State v. Jasetta Smith, 2017AP1807-CR, 5/23/18, District 2, (1-judge opinion; ineligible for publication); case activity (including briefs)
Better go easy on the perfume or cologne. An officer ran the license plates on the car Smith was driving at 1:08 a.m. one night. He saw that the registered owner’s license was suspended, stopped the car, learned that Smith was not the owner, and smelled the overpowering odor of perfume and cigarettes.
Defense win: Officer lacked reasonable suspicion to stop car that turned around in wayside
Fond du Lac County v. Isaac Anthony Dahlke, 2017AP1417, District 2, 5/9/18 (one-judge decision; ineligible for publication); case activity (including briefs)
The stop of Dahlke’s car was unlawful because the officer didn’t have an objectively reasonable belief that Dahlke entered a wayside in violation of an ordinance prescribing hours when the wayside is closed.