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
1. Stops, in general
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. Earnest Alexander, 2005 WI App 235 For Alexander: Steven D. Phillips, SPD, Madison Appellate Issue: Whether description of a shooting suspect as a black male wearing black skull cap, black jacket and dark pants, more than a day after the shooting permitted the stop of Alexander ten blocks east of the crime scene, wearing… Read more
State v. Damian Darnell Washington, 2005 WI App 123 For Washington: Diana M. Felsmann, SPD, Milwaukee Appellate Issue/Holding: ¶17 … While the officer testified that he was going to cite Washington for loitering, he did not demonstrate a reasonable, articulable basis for doing so. Investigating a vague complaint of loitering and observing Washington in the… Read more
State v. Jeffrey P. Powers, 2004 WI App 143 For Powers: Walter Arthur Piel, Jr. Issue/Holding: ¶8. Before addressing Powers’ arguments, we will clarify when a seizure occurs. The trial court held that Powers was seized when Bethia activated his emergency lights. That is not the law in Wisconsin. In State v. Kelsey C.R., 2001 WI… Read more
State v. Jeffrey P. Powers, 2004 WI App 143 For Powers: Walter Arthur Piel, Jr. Issue/Holding: ¶9. Powers attacks the tip provided by the clerk at Osco; he contends that Bethia could not give it any credence. We begin by restating the obvious: when a caller provides his or her name, the tip is not… Read more
State v. Tabitha A. Sherry, 2004 WI App 207, PFR filed 11/19/04 For Sherry: Craig R. Day Issue: Whether an anonymous tip – to “Crime Stoppers,” predicting that a particularly described car with a specified license plate would be transporting a large amount of marijuana between neighboring towns – contained sufficient indicia of reliability to provide… 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
