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 to “search for the truth” doesn’t justify an extension of a traffic stop
Category: 2. Traffic stops
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
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 reasonable suspicion for drug investigation, FSTs; probable cause for arrest
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
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 about drinking and evening plans don’t amount to custody or require Miranda warning
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
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 working, so speed reading provided reasonable suspicion for 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