State v. Ramon Lopez Arias, 2008 WI 84, on Certification For Arias: Lora B. Cerone, SPD, Madison Issue: whether extending a routine traffic stop by 78 seconds so that a dog could perform (without reasonable suspicion) a “drug sniff” amounted to an unlawful seizure. Holding: ¶34 … . There remains no hard-and-fast time limit for when a… Read more
c. Duration
State v. Philip R. Bons, 2007 WI App 124, PFR filed 4/24/07 For Bons: Vladimir M. Gorokhovsky Issue: Whether a concededly proper traffic stop (for speeding) was extended without sufficient cause when the officer, after issuing the ticket and returning the license, asked to search the car. Holding: ¶15 We conclude that Ramstack could have formed a… Read more
State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15 For Johnson: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶45 Another factor weighs strongly against the reasonableness of the protective search in this case. Before Johnson was asked to exit the vehicle and submit to a pat down, he gave Stillman paperwork showing that… Read more
State v. Joseph R. Luebeck, 2006 WI App 87, (State’s) PFR filed 5/17/06 For Luebeck: Alex Flynn; Adam B. Stephens; Rebecca Robin Lawnicki Issue: Whether the traffic stop, valid at inception, was impermissibly extended so as to invalidate consent to search the car. Holding: ¶14 … (I)n its decision reaffirming the order granting Luebeck’s motion to suppress the evidence, the circuit court… Read more
State v. Calvin R. Kolk, 2006 WI App 261 For Kolk: Michael Zell Issue/Holding: The (lawful) traffic stop’s purpose concluded when the officer returned Kolk’s license and registration and issued his warning; however, the officer had not released Kolk from the temporary detention caused by the traffic stop when he next asked for consent to search… Read more
State v. Reginald Jones / Maurice E. O’Neal, 2005 WI App 26, (AG’s) PFR filed 2/23/05 For Jones: John P. Tedesco, SPD, Madison Appellate For O’Neal: Jess Martinez Issue/Holding: Though the facts are almost indistinguishable from those in State v. Lawrence A. Williams, 2002 WI 94, 255 Wis. 2d 1, 646 N.W.2d 834, consent to search a car immediately after conclusion of… Read more
State v. Donavan W. Malone, 2004 WI 108, on certification For Malone: John A. Cabranes Issue: Whether, during a routine traffic stop, the officer may request passengers to get out of the vehicle and question them on matters reasonably related to the nature of the stop. Holding: Because lawfulness of the stop of the car in which Malone… Read more
State v. Guy W. Colstad, 2003 WI App 25 For Colstad: T. Christopher Kelly Issue/Holding: Continued detention, in order to administer field sobriety tests, was supported by reasonable suspicion, given the defendant-driver’s mild odor of alcohol as well as ambiguity surrounding the cause of the fatal accident. “Thus, one reasonable possibility was that Colstad struck the… Read more
