court of appeals decision (1-judge; not for publication); for Dewitt: Thomas E. Hayes; BiC; Resp.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
1. Stops, in general
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
State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08 For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student Issue/Holding1: ¶17 The investigative stop stemmed from an anonymous citizen’s tip of drug use and loitering on the porch of the residence. … Where an anonymous tipster is involved, police are required… Read more
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
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. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate (Apparent Dicta): Though a “close question,” in that “(w)hen a marked squad car pulls up behind a car, activates emergency flashers, and points a spotlight at the car, it certainly presents indicia of police authority,” ¶65, the… Read more
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶26 Under Hodari D. and Kelsey, an uncomplied-with show of authority cannot constitute a seizure. … … ¶37 Mendenhall is the appropriate test for situations where the question is whether a person submitted to a police show of authority… Read more
