State v. Guy W. Colstad, 2003 WI App 25 For Colstad: T. Christopher Kelly Issue/Holding: Continued detention, in order to administer field sobriety tests, was supported by reasonable suspicion, given the defendant-driver’s mild odor of alcohol as well as ambiguity surrounding the cause of the fatal accident. “Thus, one reasonable possibility was that Colstad struck the… Read more
1. Stops, in general
State v. Guy W. Colstad, 2003 WI App 25 For Colstad: T. Christopher Kelly Issue/Holding: Prolonged detention of the driver at the scene of a fatal accident did not transmute a temporary stop into an arrest: ¶17 Colstad argues that the duration of his detention was unreasonable because the officer directed him to wait, instead of… Read more
State v. Bradley J. Vorburger, 2002 WI 105, reversing 2001 WI App 43 For Vorburger: David D. Cook Issue1: Whether the detention of suspect Becker in a motel hallway, while the police sought and then executed a search warrant for a room, was unnecessarily prolonged so as to amount to an arrest (unsupported by probable cause), where Becker was… Read more
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue: Whether a stop whose purpose (to investigate possible connection to an earlier crime) had dissipated was unlawfully prolonged by a checking the driver’s license. Holding: ¶19. In State v. Ellenbecker, 159 Wis. 2d 91, 464 N.W.2d 427 (Ct. App. 1990), we held… Read more
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue/Holding: ¶24. It is true that when an officer has fulfilled the purpose of a lawful stop, the officer’s request for permission to search the vehicle does not, in itself, transform the stop into an unlawful one. State v. Gaulrapp, 207 Wis… Read more
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue: Whether reasonable suspicion supported the stop of defendant’s car four days after a reported domestic abuse incident, because the car generally matched the description of the suspect’s car. Holding: ¶14. We conclude that Officer Garcia did have knowledge of facts sufficient… Read more
State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02 For Stout: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether Stout was seized when police entered the residence. Holding: ¶21. … (W)e are left with the presence of three officers in the room and whether their presence, absent the display of a weapon, physical… Read more
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue/Holding: Request to search car after purpose of lawful, routine traffic stop satisfied doesn’t make stop unlawful; validity turns on fact-specific inquiry. ¶¶24-25… Read more
