2. Traffic stops

Dane County v. Brenna N. Weber, 2017AP1024, District 4, 1/11/18 (one-judge decision; ineligible for publication); case activity (including briefs) Weber was legitimately stopped for speeding, but argues there was insufficient basis for the officer to extend the traffic stop to conduct field sobriety tests. The court of appeals holds the totality of the circumstances justified the continued detention. ¶12… Read more

State v. Frederick S. Smith, 2018 WI 2, 1/9/18, reversing an unpublished court of appeals opinion; case activity (including briefs) This 60-page, 4-3 decision authorizing an officer to continue a traffic stop even after he realizes that he does not have reasonable suspicion is worth reading. Justice Kelly says the result sends “a tremor through… Read more

State v. Neil R. Hebert, 2016AP2168, 12/19/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) That’s the long and short of it. The circuit court held the officer, who had pulled Hebert over for speeding,  unlawfully extended the stop to investigate an OWI, but the court of appeals reverses.  We conclude Desprez validly… Read more

State v. Travis J. Rose, 2018 WI App 5; case activity (including briefs) A police officer investigating reports of Rose’s erratic driving concluded Rose was not intoxicated by alcohol, but continued to detain him and, after securing consent, searched Rose’s car, where he found narcotics. The court of appeals holds the officer’s continued detention of Rose… Read more

State v. Bradley E. Ammann, 2017AP866-CR, 12/7/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) A state trooper stopped Ammann for speeding as he and his wife were driving home from a wedding reception. The trooper asked Amman to exit the car and then smelled intoxicants on him. This led to field sobriety tests… Read more

State v. Xavier Grullon, 2016AP2404-CR, District 3, 11/28/17 (one-judge decision; ineligible for publication); case activity (including briefs) A tip from a 911 caller together with an officer’s observations provided reasonable suspicion for a traffic stop, holds the court of appeals. The anonymous caller reported seeing a man “dump” a Harley-type motorcycle, said the man had trouble getting… Read more

State v. David L. Miller, 2017AP685-CR, 11/9/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Miller moved to suppress evidence of OWI on the grounds that the deputy who stopped him lacked reasonable suspicion. The suppression hearing involved two types of evidence: (1) the deputy’s testimony, and (2) the squad video. Miller… Read more