State v. Emiliano Calzadas, 2015AP162-CR, District 4, 9/3/15 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped the vehicle Calzadas was driving because registered owner—who was female—had a suspended driver’s license; but immediately after stopping the car the officer realized Calzadas was male and thus not the registered owner. Even if the reason for the… Read more
c. Duration
Columbia County v. Jessica N. Johnson, 2015AP332, District 4, 8/27/15 (one-judge decision; ineligible for publication); case activity (including briefs) The arresting officer had reasonable suspicion to extend Johnson’s detention and ask her to do field sobriety tests based on additional information he gleaned after the initial contact with Johnson. State v. Betow, 226 Wis. 2d 90, 93-95, 593… Read more
State v. Patrick Hogan, 2015 WI 76, 7/10/2015, affirming a court of appeals per curiam decision, 2013AP430-CR, majority opinion by Prosser; concurrence by Ziegler, dissent by Bradley (joined by Abrahamson); case activity (including briefs) Sixteen seconds. It takes longer than that just to find your keys, get into your car, buckle up and start your… Read more
State v. Dean M. Blatterman, 2015 WI 46, 5/5/15, reversing an unpublished court of appeals decision; opinion by Chief Justice Roggensack; case activity (including briefs) Though police moved Blatterman beyond the “vicinity” of the traffic stop and therefore exceeded the permissible scope of the stop, the detention of Blatterman was nonetheless reasonable because police had probable cause… Read more
State v. Richard S. Foley, 2014AP2601-CR, District 4, 4/30/15 (one-judge decision; ineligible for publication); case activity (including briefs) Detaining Foley in a squad car during a traffic stop was reasonable under the circumstances and didn’t transform the stop into an arrest. Foley and Thompson were riding their motorcycles when they were stopped by an officer who, after the… Read more
Rodriguez v. United States, USSC No. 13-9972, 2015 WL 1780927 (April 21, 2015), reversing United States v. Rodriguez, 741 F.3d 905 (8th Cir. 2014); Scotusblog page (includes links to briefs and commentary) Some lower courts have held that police may briefly prolong a completed traffic stop in order to conduct a dog sniff. The Supreme Court rejects that… Read more
County of Winnebago v. Joshua R. Hunter, 2014AP2628, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket and briefs Hunter sought suppression of evidence supporting his conviction for OWI, and with a prohibited alcohol concentration, because law enforcement detained him for an unlawful length of time. His motion failed based on the… Read more
State v. Rachel L. Huck, 2014AP2190-CR, District 3, 2/3/15 (1-judge decision; ineligible for publication); case activity (including briefs) Having stopped a vehicle on reasonable suspicion that the registered owner had a suspended license, the officer was entitled to continue the detention to ask the driver—who clearly wasn’t the registered owner—for his driver’s license. The officer stopped Huck’s car… Read more