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c. Duration

Traffic Stop – Duration

State v. Mary Alice Gentry, 2012AP59-CR, District 4, 5/24/12 court of appeals decision (1-judge, not for publication); for Gentry: Chandra N. Harvey, SPD, Madison Appellate; case activity ¶6        A traffic stop is a seizure within the meaning of the Fourth Amendment to the United States Constitution, which provides protections against unreasonable search and seizure.  State v. Malone, 2004… Read more

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Traffic Stop – Duration – Dog Sniff

State v. Dawn M. Fletcher, 2011AP1356-CR, District 3, 3/27/12 court of appeals decision (1-judge, not for publication); for Fletcher: Earl J. Luaders, III; case activity The court upholds search of a car following a drug dog alert which occurred while an officer was still processing a warning ticket for a conceded traffic violation: ¶7        On appeal, Fletcher… Read more

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Traffic Stop – Duration

State v. Daniel M. Buesgens, No. 2011AP2241-CR, District 3, 3/27/12 court of appeals decision (1-judge, not for publication); for Buesgens: Eric John Nelson; case activity Buesgens, told he was “absolutely free to go” after a concededly proper traffic stop, wasn’t then “reseized” when the officer asked questions related to whether he had been drinking. ¶15      Similar to Williams… Read more

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State v. Gary A. Senger, 2011AP1950-CR, District 2, 1/18/12 court of appeals decision (1-judge, not for publication); for Senger: Robert C. Raymond; case activity Applying the test described in State v. Betow, 226 Wis. 2d 90, 94-95, 593 N.W.2d 499 (Ct. App. 1999) for extending a traffic stop, the court concludes that the officer had… Read more

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Traffic Stop – Duration

State v. Heather M. Kolman, 2011AP1917-CR, District 4, 1/12/12 court of appeals decision (1-judge, not for publication); for Kolman: John C. Orth; case activity  Scope of a concededly proper traffic stop (for defective brake light) wasn’t unlawfully expanded by testing Kolman for signs of intoxication (reciting alphabet; “mini” HGN test). ¶15      Most relevant here, and as discussed… Read more

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Traffic Stop – Duration

State v. John R. Nelson, 2011AP125-CR, District 2, 12/7/11 court of appeals decision (1-judge, not for publication); for Nelson: John A. Nelson; case activity The officer’s observation that Nelson’s vehicle intruded “somewhat into the intersection” before stopping provided reasonable suspicion for a stop-sign violation, § 346.46(1). The stop wasn’t unnecessarily prolonged by summoning a drug… Read more

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Traffic Stop Duration: Passenger

State v. Jamie L. Salonen, 2011 WI App 157 (recommended for publication); for Salonen: Robert J. Wells, Jr.; case activity ¶1        The trial court in this case granted Jamie L. Salonen’s motion to suppress evidence obtained after she asked to leave the scene of a roadside stop of a vehicle in which… Read more

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State v. Jon Paul A. Fernandez, 2010AP1394-CR, District 2, 10/12/11 court of appeals decision (1-judge, not for publication); for Fernandez: Jefren E. Olsen, SPD, Madison Appellate; case activity Concededly lawful traffic stop (operating without headlights) wasn’t unreasonably prolonged by warrant checks, arrest of passenger on warrant for unpaid forfeiture, and then search of car incident to that… Read more

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