2. Traffic stops

State v. Tamara Jo Potter, 2012AP1605-CR, District 3, 1/23/13; court of appeals decision (1-judge, ineligible for publication); case activity Police lawfully stopped the defendant based on information from an anonymous tip that was corroborated by the officer’s observations. Minnesota police told Douglas County dispatch that it had received a tip of a “swerving” car heading… Read more

Village of Little Chute v. John D. Bunnell, 2012AP1266, District 3, 11/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Officer’s failure to perform FSTs pursuant to established protocols (HGN test requires 4-second pass-of-the-eye, and officer used 2-second pass), “compromises the validity of the test results,” and therefore “cannot be used to support a determination of probable cause to arrest,” ¶19… Read more

State v. Raenold Quiles, 2012AP1282, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Given the trial court’s finding of fact that Quiles was merely “wandering over to and touching the fog line for a bit,” with otherwise “smooth, normal driving,” the traffic stop for crossing the fog line wasn’t supported… Read more

court of appeals decision (1-judge, ineligible for publication); case activity State v. Andrew Wheaton, 2012AP173-CR Reasonable Suspicion – OWI Presence of the following factors establish reasonable suspicion to stop Wheaton for impaired driving: ¶23      The State points to the following as factors that produced an objectively reasonable suspicion of impaired driving at the time of the stop:  (1) Wheaton… Read more

State v. Randall Lee Sugden, 2012AP408-CR, District 4, 10/15/12 court of appeals decision (1-judge, ineligible for publication); case activity Arrest in Richland County by a Sauk County deputy sheriff was justified under the fresh pursuit doctrine, § 175.40(2). State v. Haynes, 2001 WI App 266, 248 Wis. 2d 724, 638 N.W.2d 82, discussed and applied: ¶12      Applying Haynes to the facts… Read more

State v. Jan P. Hogan, 2012AP966-CR, District 4, 10/25/12 court of appeals decision (1-judge, ineligible for publication); case activity Reasonable suspicion supported stop of car displaying “dealer imitation” plate (i.e., failing to display permanent or temporary plate in violation of § 341.04(1)). State v. Griffin, 183 Wis. 2d 327, 333, 515 N.W.2d 535 (Ct. App. 1994) (OK to… Read more

State v. Timothy W. Bastian, 2012AP793-CR, District 3, 9/25/12 court of appeals decision (1-judge, ineligible for publication); case activity  The court holds, without resolving the issue of whether reasonable suspicion sufficed, that probable cause supported Bastian’s traffic stop for inattentive driving, given “the circuit court’s factual determination that Bastian was ‘looking towards the passenger seat’”: ¶10      Wisconsin Stat. § 346.89… Read more