State v. Susan C. Macho, 2011AP1841-CR, District 2, 5/23/12 court of appeals decision (1-judge, not for publication); for Macho: Leonard G. Adent; case activity ¶8 In this case, Edwards’ actions in pulling up behind Macho and shining his spotlight into her car did not amount to a “show of authority sufficient to effect a seizure.” Young, 294… Read more
6. Test for seizure
County of Calumet v. Daniel A. Ryan, 2011AP490, District 2, 12/14/11 court of appeals decision (1-judge, not for publication); for Ryan: John M. Carroll; case activity Officers, investigating a one-car accident, approached Ryan’s home, knocked on his door and “(a)fter several minutes of ‘back and forth,’ Ryan came out of his residence” (admittedly “voluntarily”). Subsequent… Read more
State v. Deshon C. Matthews, 2011 WI App 92 (recommended for publication); for Matthews: Paul G. Bonneson; case activity Terry Stop – Reasonable Suspicion Reasonable suspicion supported stop of Matthews, when police on patrol saw him wearing a ski mask and hoodie late at night in a high-crime area near a woman who was walking away… Read more
City of Sheboygan v. Brian J. Cesar, 2010 WI App 170 (recommended for publication); for Cesar: Andrew Mishlove, Lauren Stuckert; Cesar BiC; City Resp.; Reply; AG Amicus Police, investigating a recent traffic accident, knocked on Cesar’s door and rang his doorbell “numerous” times for up to 10 minutes, and threatened to remain until he came… Read more
court of appeals decision (1-judge; not for publication); for Miske: Sarvan Singh; BiC; Resp. Terry Stop – Voluntary Encounter A voluntary encounter, rather than Terry stop, occurred where Miske came to a stop when approaching two squads flanking “an unlit back country road” at 1:00 a.m.: ¶12 When Miske and his partner stopped, they were… Read more
State v. Leneral Louis Williams, 2010 WI App 39; for Williams: Richard L. Zaffiro; Resp Br.; Reply Br. Seizure – Some Restraint Necessary ¶16 The Fourth Amendment is not implicated until there has been a seizure. The Court in Terry described a seizure as “whenever a police officer accosts an individual and restrains his [or her] freedom to walk… 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
