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
1. Stops, in general
State v. Calvin R. Kolk, 2006 WI App 261 For Kolk: Michael Zell Issue/Holding: ¶12 … Though there is some confusion in the case law, we believe that the distinction is that a confidential informant is a person, often with a criminal past him- or herself, who assists the police in identifying and catching criminals… Read more
State v. Calvin R. Kolk, 2006 WI App 261 For Kolk: Michael Zell Issue/Holding: Information provided by a named, citizen informant (that Kolk had picked up drugs in Milwaukee and would be driving to Madison) was insufficiently reliable to support reasonable suspicion of criminal activity: ¶17 To recapitulate, the police were able to corroborate: (1) Kolk’s… Read more
State v. Eugene Patton, 2006 WI App 235 For Patton: Daniel R. Clausz Issue/Holding ¶10 Under appropriate circumstances, an informant’s tip can provide a law enforcement officer with reasonable suspicion to effectuate a Terry stop. Rutzinski, 241 Wis. 2d 729, ¶17; J.L., 529 U.S. at 270. However, before acting on an informant’s tip, the police must consider its reliability and content. Rutzinski, 241… 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: The police had reasonable suspicion to stop Young because: he was in a parked car with Illinois plates, which had “lingered” for 5 or 10 minutes around midnight around the corner from a bar, in a… Read more
State v. Damian Darnell Washington, 2005 WI App 123 For Washington: Diana M. Felsmann, SPD, Milwaukee Appellate Issue/Holding: ¶13 In United States v. Mendenhall, 446 U.S. 544 (1980), the Supreme Court stated that “[w]e adhere to the view that a person is ‘seized’ only when, by means of physical force or a show of authority, his… Read more
State v. Eugene Patton, 2006 WI App 235 For Patton: Daniel R. Clausz Issue: Whether the police had reasonable suspicion to detain on the basis of an anonymous tip, where the suspects not only matched the description of the anonymously-reported armed robbery, but also engaged in potentially suspicious behavior in response to police presence. Holding: ¶21 Thus, the instant… 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: Refusal to obey an officer’s command to halt reinforces extant reasonable suspicion to stop the individual: ¶73 Officer Alfredson testified that after he ordered Young to return to the car the first time, Young “turned and started walking… Read more
