State v. Daniel R. Doyle, 2010AP2466-CR, District 4, 9/22/11 court of appeals decision (1-judge, not for publication); for Doyle: John C. Orth; case activity Transport of drunk driving suspect 3-4 miles to local police station for purpose of administering field sobriety tests didn’t covert Terry stop into arrest, given that extreme, adverse weather conditions rendered… Read more
c. Duration
State v. William M. Hughes, 2011AP647-CR, District 4, 8/25/11 court of appeals decision (1-judge, not for publication); for Hughes: Michael C. Witt; case activity Traffic stop supported by reasonable suspicion to believe Hughes was operating while intoxicated: The stop occurred at night, after a football game, when there is an increased frequency of drunk driving… Read more
State v. Michael D. Walters, 2010AP3156-CR, District 2, 7/20/11 court of appeals decision (1-judge, not for publication); for Walters: Thomas E. Hayes; case activity Tip provided by citizen informant’s 911 call reporting drug use in car traveling on highway was sufficiently reliable to support stop, given that the informant provided her name, phone number, description of her vehicle, her proximate location… Read more
State v. Joshua L. McDonald, 2010AP1045-CR, District 4, 11/18/10 court of appeals decision (1-judge, not for publication); for McDonald: Tracey A. Wood; McDonald BiC; State Resp.; Reply Traffic Stop – Duration ¶13 We conclude that the time it took for the deputy to ask McDonald whether he had been drinking that night and for McDonald to… Read more
City of Oshkosh v. Richard A. Selquist, 2010AP862, District 2, 9/1/10 court of appeals decision (1-judge, not for publication); for Selquist: Walter Arthur Piel, Jr.; BiC; Resp.; Reply The police had reasonable suspicion to continue temporary detention of Selquist and to request filed sobriety testing while investigating a traffic accident: ¶7 … In reviewing whether the… Read more
State v. James Casas Klausen, 2009AP2268, District 4, 8/12/10 court of appeals decision (1-judge, not for publication); for Klausen: Tracey A. Wood; BiC; Resp. Traffic Stop – No Wisconsin DL Wisconsin law “contemplates that a person with a valid out-of-state driver’s license who becomes a Wisconsin resident has sixty days, after becoming a Wisconsin resident… Read more
court of appeals decision (1-judge; not for publication); for Dewitt: Thomas E. Hayes; BiC; Resp. Detention for 90 Minutes not Unreasonable Stop of motorist Dewitt by officer who, because he was off-duty, could not under departmental rules himself perform arrest, wasn’t unnecessarily prolonged by 90 minute delay until on-duty officer could show up. ¶15 Dewitt… Read more
State v. Sameeh J. Pickens, 2010 WI App 5, reconsideration denied 1/20 For Pickens: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: A temporary detention is narrowly circumscribed, in terms of duration and intensity, by the least intrusive means necessary to dispel suspicion¸¶27. Thus, in the absence of any reason to believe weapons were present, use of handcuffs… Read more
