court of appeals decision; for Conaway: Philip J. Brehm; for Griffin: Michael S. Murphy Reasonable Suspicion for Traffic Stop, Excessive Window Tint, Generally ¶3 The window tint regulation at issue here is easily summarized. Rear window tinting is permitted only if the window allows at least 35% of light to pass through, except that the limitation does… Read more
b. Stop found unlawful
State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15 For Johnson: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶45 Another factor weighs strongly against the reasonableness of the protective search in this case. Before Johnson was asked to exit the vehicle and submit to a pat down, he gave Stillman paperwork showing that… Read more
State v. Raymond Lord, Jr., 2006 WI 122, reversing unpublished opinion For Lord: George A. Tauscheck Issue: Whether the police may stop an automobile solely because it displays a temporary license plate. Holding: ¶4 … Law enforcement officers cannot stop an automobile to determine whether it is properly registered unless the officers have reasonable suspicion or probable cause… Read more
State v. Joseph R. Luebeck, 2006 WI App 87, (State’s) PFR filed 5/17/06 For Luebeck: Alex Flynn; Adam B. Stephens; Rebecca Robin Lawnicki Issue: Whether the traffic stop, valid at inception, was impermissibly extended so as to invalidate consent to search the car. Holding: ¶14 … (I)n its decision reaffirming the order granting Luebeck’s motion to suppress the evidence, the circuit court… Read more
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. Christopher Gammons, 2001 WI App 36 For Gammons: Keith A. Findley, LAIP Issue: Whether an officer may stop a car for not displaying a rear plate, when the car has a temporary license sticker which isn’t seen until after the stop. Holding: ¶8 While the temporary license sticker in this case may be… Read more
State v. Jeff S. Mohr, 2000 WI App 111, 235 Wis.2d 220, 613 N.W.2d 186 For Mohr: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether the frisk of a passenger, some 25 minutes after a routine traffic stop, was supported by reasonable belief that the person was armed. Holding: The frisk was unlawful; because it “occurred… Read more
State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999) For Betow: James C. Murray Issue/Holding: The police didn’t have reasonable suspicion to extend a routine stop for speeding based on the following: the driver’s wallet was adorned with a picture of a mushroom, coupled with the officer’s experience that the depiction… Read more
