Category: 2. Traffic stops

2. Traffic stops, 34. Search & Seizure, 45. WI Court of Appeals, a. Field Sobriety Testing, C. Unpublished Opinions, G. Reasonable suspicion

Officer’s urge to “search for the truth” doesn’t justify an extension of a traffic stop

State v. Tunis Jay LeFever, 2019AP702-CR, District 2, 10/30/19, (1-judge opinion, ineligible for publication); case activity (including briefs) An officer stopped LeFever for speeding, noticed that he had bloodshot eyes, and detected a faint odor of alcohol but wasn’t sure of the source. He asked LeFever to complete field sobriety tests. The officer noted indicators […] Source: WI Public Defenders – On Point Officer’s urge … Continue reading Officer’s urge to “search for the truth” doesn’t justify an extension of a traffic stop

admin
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 WI Court of Appeals, a. Field Sobriety Testing, c. Duration, C. Unpublished Opinions, G. Reasonable suspicion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 … Continue reading Totality of circumstances justified extension of traffic stop

admin
1. Appeals, 2. Probable cause, 2. Traffic stops, 34. Search & Seizure, 4. Argument, 45. WI Court of Appeals, a. Field Sobriety Testing, B. Search warrants, C. Briefs/Appendices, c. Preliminary breath test, C. Unpublished Opinions, d. Undeveloped argument, G. Reasonable suspicion

COA finds reasonable suspicion for drug investigation, FSTs; probable cause for arrest

County of Dunn v. Cashe L. Newville, 2018AP1167, 8/6/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Newville was pulled over by a sheriff’s deputy who observed that, among other things, his license plate lamps weren’t working. An arrest on suspicion of operating under the influence of methamphetamine followed. The court of […] Source: WI Public Defenders – On Point COA finds … Continue reading COA finds reasonable suspicion for drug investigation, FSTs; probable cause for arrest

admin
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 … Continue reading Anonymous tip and officer’s own observations supported traffic stop

admin
1. Miranda custody, 2. Traffic stops, 34. Search & Seizure, 45. WI Court of Appeals, 5. Confessions, a. Field Sobriety Testing, A. In-Custody, 5th Amendment, C. Unpublished Opinions, e. Terry stop, G. Reasonable suspicion

Polite questioning about drinking and evening plans don’t amount to custody or require Miranda warning

Marquette County v. Christopher Patrick Bray, 2018AP665, 2/28/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs). Bray was convicted of OWI. He argued that the circuit court should have suppressed statements he made to a sergeant during a traffic stop because he wasn’t Mirandized. The court of appeals held that Bray wasn’t […] Source: WI Public Defenders – On Point Polite questioning … Continue reading Polite questioning about drinking and evening plans don’t amount to custody or require Miranda warning

admin
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 … Continue reading Driver’s failure to yield on entering roundabout justified traffic stop

admin
2. Traffic stops, 34. Search & Seizure, 45. WI Court of Appeals, C. Unpublished Opinions, G. Reasonable suspicion

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, […] Source: WI Public Defenders – On Point Radar was … Continue reading Radar was working, so speed reading provided reasonable suspicion for stop

admin
'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 … Continue reading SCOW will decide whether asking a driver about weapons is a permissible part of the “ordinary inquiry” allowed during a traffic stop

admin