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2. Traffic stops

Traffic Stop

County of Sheboygan v. William M. Lane, 2010AP1756, District 2, 2/2/11 court of appeals decision (1-judge, not for publication); for Lane: George Limbeck; case activity; State BiC; Lane Resp. ¶6        As a threshold matter, the County addresses the proper test for assessing the validity of the traffic stop.  The County contends that the appropriate standard is… Read more

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State v. Joshua J. Hysell, 2010AP1817-CR, District 4, 1/27/11 court of appeals decision (1-judge, not for publication); for Hysell: John Smerlinski; case activity; Hysell BiC; State Resp. Phoned tip by driver who gave his name and described the subject vehicle as “all over the road” held sufficiently reliable to support reasonable suspicion for stop. Because… Read more

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decision below: unpublished; for Buchanan: Tyler William Wickman; case activity Issue (formulated by On Point): Whether, during the course of a routine traffic stop, the police developed reasonable suspicion to believe Buchanan armed and dangerous so as to perform a “protective search” of his car. The court relied on the following to show reasonable suspicion to… Read more

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Traffic Stop – Speeding

State v. Thomas R. Paulick, 2010AP1883, District 2, 1/12/11 court of appeals decision (1-judge, not for publication); for Paulick: Robert C. Raymond; case activity; Paulick BiC; State Resp.; Reply The officer’s conclusion of speeding may be based on a visual estimate “while looking in his rear view mirror,” ¶8, citing City of Milwaukee v. Berry… Read more

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State v. John M. Eaton, 2010AP1170-CR, District 4, 12/23/10 court of appeals decision (1-judge, not for publication); for Eaton: Chad A. Lanning; case activity; Eaton BiC; State Resp.; Reply Traffic stop upheld where: “vehicle weave(d) in a pronounced manner within tis own lane of traffic”; vehicle came to complete stop at yellow blinking light (something… Read more

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Traffic Stop – Illumination Requirement

State v. George C. Greenwood, 2010AP1837-CR, District 4, 12/16/10 court of appeals decision (1-judge, not for publication); for Greenwood: Gerald C. Opgenorth; case activity; Greenwood BiC; State Resp.; Reply Traffic stop properly based on violation of illuminaiton requirement in § 347.13(3) (rear plate must be illuminated by white light so as to be clearly legible… Read more

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Traffic Stop – Reasonable Suspicion

State v. Brian R. Rogers, 2010AP1300-CR, District 4, 12/9/10 court of appeals decision (1-judge, not for publication); pro se; State’s Resp. Br. Even assuming Rogers violated no traffic law, his driving pattern provided reasonable suspicion for a stop: ¶10      Here too, the totality of the circumstances provided Lambrecht with reasonable suspicion to initiate a traffic stop.  Lambrecht… Read more

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Reasonable Suspicion for PBT

County of Sauk v. Julio Leon, 2010AP1593, District 4, 11/24/10 court of appeals decision (1-judge, not for publication); for Leon: Robert C. Raymond; Leon BiC; State Resp.; Reply Odor of intoxicants insufficient, alone, to support administering PBT. ¶20      When an officer is not aware of bad driving, then other factors suggesting impairment must be more… Read more

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