State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue: Whether an arrest for a traffic stop, lawful at inception, was unlawfully prolonged in order to obtain the driver’s consent to a strip search not reasonably related to the traffic violation. Holding: This issue is “closely related” to one… Read more
1. Stops, in general
State v. Kelsey C.R., 2001 WI 54 For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate Issue: Whether Kelsey’s detention was prolonged beyond its proper purpose. Holding: The operative principle is settled: “an investigative detention … must last only long enough to fulfill the purpose of the stop.” ¶44. Applying that principle — (3-vote lead opinion:) The… Read more
State v. Kelsey C.R., 2001 WI 54 For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate Issue: Whether the police seizure of Kelsey, after she fled upon encountering them, was based on reasonable suspicion that she had committed, or was about to commit, a crime. Holding: (Lead, 3-vote opinion:) ¶42 … Upon de novo review, we conclude… Read more
Paul Rutzinski, 2001 WI 22, affirming unpublished opinion of court of appeals For Rutzinski: Craig A. Mastantuono, Maureen Fitzgerald Issue: Whether an unidentified motorist’s cell phone report of suspicious driving justified a stop. Holding: ¶38 In sum, we hold that the tip in this case provided sufficient justification for an investigative stop of Rutzinski. First… Read more
State v. Roosevelt Williams, 2001 WI 21, on remand, 529 U.S. 1050 (2000), previous history: State v. Roosevelt Williams, 225 Wis. 2d 159, 591 N.W.2d 823 (1999); State v. Williams, 214 Wis. 2d 412, 570 N.W.2d 892 (Ct. App. 1997) For Williams: Melinda Swartz, SPD, Milwaukee Appellate. Issue: “(W)hether an anonymous tip containing a contemporaneous report of drug trafficking, combined… Read more
State v. Christopher Gammons, 2001 WI App 36 For Gammons: Keith A. Findley, LAIP Issue/Holding: Police did not have reasonable suspicion to continued detention for a routine traffic problem after the purpose of the stop was fulfilled: ¶21 In evaluating reasonable suspicion, we must examine whether all the facts, when taken together, could constitute a… Read more
State v. Alisha M. Olson, 2001 WI App 284 For Olson: Daniel P. Fay Issue: Whether the police had reasonable suspicion to make a traffic stop to investigate the driver for a burglary two days earlier. Holding: ¶8. In the present case, we find sufficient facts to give rise to a reasonable suspicion that Olson had… Read more
State v. Lawrence A. Williams/State v. Antwon C. Mathews, 2002 WI 94, reversing 2001 WI App 249, 248 Wis. 2d 361, 635 N.W.2d 869 For Williams: Thomas E. Knothe For Mathews: Peter J. Thompson Issue: Whether the traffic stop was unnecessarily prolonged so as to amount to an illegal seizure and invalidate consent to search the car. Holding… Read more
