Categories
'19-20 1. Stops, in general 34. Search & Seizure 44. WI Supreme Court A. Review Grants c. Duration G. Reasonable suspicion Pending in SCOW Uncategorized

SCOW to review extension of traffic stop case where Judge Reilly invoked Dred Scott

State v. Courtney C. Brown, 2017AP774, petition for review granted 10/15/19 case activity (including links to briefs) Issues (petition for review) Whether police unlawfully extended a noncriminal traffic stop beyond its initial purpose? As explained in our post on the court of appeals’ decision, an officer stopped Brown’s car, noticed he wasn’t wearing a seat belt, […]
Source: WI Public Defenders – On Point
SCOW to review extension of traffic stop case where Judge Reilly invoked Dred Scott

Categories
1. Stops, in general 34. Search & Seizure 45. WI Court of Appeals C. Unpublished Opinions d. Mistake of law G. Reasonable suspicion

DOT rule governing tinted car windows is valid, and so is the stop based on its suspected violation

State v. Richard Rusk, 2019AP135-CR, 8/29/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) An officer stopped Rusk because he believed that tinting on the windshield of Rusk’s vehicles extended so far down as to violate Wis. Admin § Trans 305.34(6)(c)(May 2014). Rusk argued that this was a mistake of law because the […]
Source: WI Public Defenders – On Point
DOT rule governing tinted car windows is valid, and so is the stop based on its suspected violation

Categories
1. Stops, in general 2. Traffic stops 34. Search & Seizure 45. WI Court of Appeals a. Field Sobriety Testing c. Duration C. Unpublished Opinions G. Reasonable suspicion

Totality of circumstances justified extension of traffic stop

State v. Yunus E. Turkmen, 2018AP1673-CR, District 3, 8/13/19 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Turkmen after he made a U-turn in the middle of an intersection and squealed his tires loudly. (¶3). Based on that conduct and information obtained and observations made after the stop, there was a […]
Source: WI Public Defenders – On Point
Totality of circumstances justified extension of traffic stop

Categories
1. Stops, in general 34. Search & Seizure 45. WI Court of Appeals B. Published opinions c. Duration G. Reasonable suspicion Important Posts Published 2019

COA reinforces Wisconsin’s elimination of 4th Amendment protections in traffic stops

State v. Courtney C. Brown, 2017AP774-CR, 6/5/17, District 2 (recommended for publication); case activity (including links to briefs) This is a published, split decision with a vigorous, showstopping “concurrence” by Reilly. Neubauer and Hagedorn hold that after writing Brown a ticket for a seatbelt violation, an officer’s request that he exit his car and consent to […]
Source: WI Public Defenders – On Point
COA reinforces Wisconsin’s elimination of 4th Amendment protections in traffic stops

Categories
1. Stops, in general 2018-19 Term 34. Search & Seizure 44. WI Supreme Court B. Opinions c. Duration G. Reasonable suspicion Important Posts

SCOW: Police asking driver about weapons is part of any traffic stop’s “mission”

State v. John Patrick Wright, 2019 WI 45, reversing an unpublished court of appeals decision; case activity (including briefs) The supreme court holds (again) that, as part of any routine traffic stop, police may ask a driver whether he or she is carrying a weapon. Wright was stopped for a defective headlight. After telling Wright […]
Source: WI Public Defenders – On Point
SCOW: Police asking driver about weapons is part of any traffic stop’s “mission”

Categories
1. Stops, in general 2. Traffic stops 34. Search & Seizure 45. WI Court of Appeals a. Informant C. Unpublished Opinions G. Reasonable suspicion

Anonymous tip and officer’s own observations supported traffic stop

State v. Kevin Ian End, 2018AP1437, 3/6/19, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) An anonymous caller told police about a vehicle swerving in her lane and having difficulty with speed control. She provided no license late number. An officer proceeded to the area and saw a vehicle make an assortment […]
Source: WI Public Defenders – On Point
Anonymous tip and officer’s own observations supported traffic stop

Categories
1. Appeals 1. Stops, in general 2. Traffic stops 3. Facts/record 34. Search & Seizure 45. WI Court of Appeals a. Citation to record C. Briefs/Appendices c. Missing evidence C. Unpublished Opinions G. Reasonable suspicion

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 […]
Source: WI Public Defenders – On Point
Driver’s failure to yield on entering roundabout justified traffic stop

Categories
'18-19 1. Stops, in general 2. Traffic stops 34. Search & Seizure 44. WI Supreme Court A. Review Grants c. Duration G. Reasonable suspicion Important Posts Pending in SCOW

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? Wright was stopped for a defective headlight. […]
Source: WI Public Defenders – On Point
SCOW will decide whether asking a driver about weapons is a permissible part of the “ordinary inquiry” allowed during a traffic stop