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

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

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

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