State v. Isaac D. Taylor, 2019AP797-CR, District 2, 7/30/21 (not recommended for publication); case activity (including briefs) The majority sees specific and articulable facts providing reasonable suspicion for a traffic stop. The dissent sees a change in the state’s justification for the stop that sandbags the defense and turns the court of appeals into a… Read more
G. Reasonable suspicion
State v. Keith J. Dresser, 2020AP2017, 7/22/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A sheriff’s deputy saw Dresser apparently unconscious in his vehicle in a Taco Bell parking lot at 5:00 a.m. The deputy pulled behind Dresser’s vehicle, turned on his emergency lights apparently based on departmental “procedures,” and knocked… Read more
State v. Anthony Francen Harris, 2019AP1908-CR, District 3, 7/30/21 (one-judge decision; ineligible for publication); case activity (including briefs) Police stopped the car Harris was driving in part because Skenandore, an officer-in-training, misread the data on his in-squad computer screen and wrongly concluded that the car’s owner didn’t have a valid license. (¶¶2-3, 5-7). His mistake… Read more
State v. Heather Van Beek, 2021 WI 51, 2019AP447-CR, on certification from the court of appeals, 6/4/21; case activity (including briefs) In a splintered opinion, a majority of SCOW holds that an officer does not necessarily “seize” a driver when he takes her license to run a records check. Seizure depends on the totality of… Read more
State v. James Timothy Genous, 2021WI 50, reversing an unpublished court of appeals opinion, 2019AP435-CR, 6/4/21; case activity (including briefs) An officer saw Genous sit in a parked car, engine running and headlights on, in a residential neighborhood at 3:36 a.m. A woman emerged from a house, entered the car for 10 to 15 seconds… Read more
State v. Kimberly Dale Crone, 2021 WI App 29; case activity (including briefs) Think twice before driving with medication in your car or purse. This decision (recommended for publication) holds that when a sheriff stops a driver for simple speeding, and he admittedly lacks reasonable suspicion to inquire about medication bottles he sees in the… Read more
Village of Grafton v. Elizabeth A. Wesela, 2020AP1416, District 2, 4/7/21 (one-judge decision; ineligible for publication); case activity (including briefs) Wesela concedes police had reaonsable suspicion to make the initial stop of the car she was driving, but complains, fruitlessly, that the officer didn’t have reasonable suspicion to extend the stop to conduct field sobriety… Read more
State v. Avant Rondell Nimmer, 2020AP878-CR, petition for review granted 3/24/21; case activity (including links to briefs and PFR) Issue presented (composed by On Point): Did police responding to a ShotSpotter alert of shots fired have reasonable suspicion to stop and frisk Nimmer based on his proximity to the address in the alert so close… Read more
