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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
Forfeiture of Weapon, § 968.20(1m)(b) – Read-In Crime Suffices
State v. John L. Kueny, 2006 WI App 197, PFR filed 10/19/06
For Kueny: James R. Lucius
Issue: Whether the weapon must have been used in the crime of conviction in order to be subject to forfeiture.
Holding:
¶11 Kueny misreads the plain language and misses a nuance of the statute. Wisconsin Stat. § 968.20(1m)(b) forbids returning weapons to one who “committed” a crime involving their use;
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.
Terry Stop — Basis – Informant: “Citizen” vs. “Confidential,” Generally
State v. Calvin R. Kolk, 2006 WI App 261
For Kolk: Michael Zell
Issue/Holding:
¶12 … Though there is some confusion in the case law, we believe that the distinction is that a confidential informant is a person, often with a criminal past him- or herself, who assists the police in identifying and catching criminals, while a citizen informant is someone who happens upon a crime or suspicious activity and reports it to police.
Terry Stop — Basis – Informant: Corroboration Lacking
State v. Calvin R. Kolk, 2006 WI App 261
For Kolk: Michael Zell
Issue/Holding: Information provided by a named, citizen informant (that Kolk had picked up drugs in Milwaukee and would be driving to Madison) was insufficiently reliable to support reasonable suspicion of criminal activity:
¶17 To recapitulate, the police were able to corroborate: (1) Kolk’s identity; (2) what kind of vehicle he drove; and (3) the fact that he would drive it,
Terry Stop – Basis – Anonymous Tip, And Suspicious Behavior
State v. Eugene Patton, 2006 WI App 235
For Patton: Daniel R. Clausz
Issue/Holding
¶10 Under appropriate circumstances, an informant’s tip can provide a law enforcement officer with reasonable suspicion to effectuate a Terry stop. Rutzinski, 241 Wis. 2d 729, ¶17; J.L., 529 U.S. at 270. However, before acting on an informant’s tip,
Stop – Basis – Reasonable Suspicion, “Problem Area,” “Lingering” in Car
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227
For Young: Martha K. Askins, SPD, Madison Appellate
Issue/Holding: The police had reasonable suspicion to stop Young because: he was in a parked car with Illinois plates, which had “lingered” for 5 or 10 minutes around midnight around the corner from a bar, in a “problem area”:
¶64 Although there are innocent explanations for why five people would be sitting in a car for five to 10 minutes,
Reasonable Suspicion – Stop – Basis – Test: Failure to Yield to Authority
State v. Damian Darnell Washington, 2005 WI App 123
For Washington: Diana M. Felsmann, SPD, Milwaukee Appellate
Issue/Holding:
¶13 In United States v. Mendenhall, 446 U.S. 544 (1980), the Supreme Court stated that “[w]e adhere to the view that a person is ‘seized’ only when, by means of physical force or a show of authority, his freedom of movement is restrained[,]” id.
Terry Stop – Basis – Anonymous Tip, Generally
State v. Eugene Patton, 2006 WI App 235
For Patton: Daniel R. Clausz
Issue: Whether the police had reasonable suspicion to detain on the basis of an anonymous tip, where the suspects not only matched the description of the anonymously-reported armed robbery, but also engaged in potentially suspicious behavior in response to police presence.
Holding:
¶21 Thus, the instant case has more than J.L.
Stop – Basis – Reasonable Suspicion, “Evasion and Flight”
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227
For Young: Martha K. Askins, SPD, Madison Appellate
Issue/Holding: Refusal to obey an officer’s command to halt reinforces extant reasonable suspicion to stop the individual:
¶73 Officer Alfredson testified that after he ordered Young to return to the car the first time, Young “turned and started walking away.”
Stop – Duration – Traffic Offense – Prolonged by Seeking Consent to Search
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,
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.