court of appeals decision (1-judge; not for publication); for Miske: Sarvan Singh; BiC; Resp.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
6. Test for seizure
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
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. 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 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
