State v. Andrew W. Rosenthal, 2011AP828-CR, District 3, 9/7/11
court of appeals decision (1-judge, not for publication); for Rosenthal: Erica L. Bauer; case activity
Reasonable suspicion supported stop of car, at 2:30 a.m., in isolated area which was site of frequent break-ins; State v. Young, 212 Wis. 2d 47, 569 N.W.2d 84 (Ct. App. 1997), distinguished:
¶14 Here, conversely, we conclude that Rosenthal’s conduct does not describe the conduct of a large number of innocent persons. See id. at 433. Oberg observed Rosenthal travel to a storage facility under the cover of night, enter the complex, encircle one of the set-back buildings, and then attempt to leave without stopping at a specific unit. Although it is not unlawful to travel to a twenty-four hour storage complex at 2:30 a.m., Oberg testified the activity was peculiar and explained he became very suspicious when the vehicle, after driving around one of the buildings, failed to stop at a unit, and attempted to leave. Oberg also considered this activity in light of his knowledge that the storage complex suffered the most break-ins of any storage facility and had been designated a high-priority patrol area. Considering the totality of the circumstances, we conclude Rosenthal’s conduct could give rise to a reasonable inference that Rosenthal was “casing” the premises[2] and, thus, Oberg had reasonable suspicion to conduct a Terry investigation. See Anderson, 155 Wis. 2d at 84.
