County of Waukesha v. Thomas C. Groshek, 2011AP001371, District 2/4, 5/3/12
court of appeals decision (1-judge, not for publication); for Groshek: Thomas C. Simon; case activity
¶7 Deputy Smith was dispatched to a semi-rural area to investigate a report that a motorcycle had been involved in an accident at approximately 1:30 a.m., around “bar time,” in the vicinity of a bar. Smith was advised that following the accident, the motorcycle in the accident had taken off with another motorcycle. Shortly thereafter, Smith encountered two motorcycles heading in the direction advised by dispatch. Based on these facts, Smith could reasonably have suspected that Groshek had been involved in a car accident, was either injured or intoxicated, and was leaving the scene of the crash. See, e.g., State v. Lange, 2009 WI 49, ¶32, 317 Wis. 2d 383, 766 N.W.2d 551 (time of night is a factor when considering the existence of probable cause to arrest for OWI, a standard more stringent than reasonable suspicion to make a traffic stop); State v. Purintun, No. 2010AP2493, unpublished slip op. ¶9 (WI App Mar. 15, 2011) (dispatch to rural location to investigate report of possible accident and observation of suspect leaving the scene factor in considering reasonable suspicion for investigatory stop).[3]
