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7. Nervousness

State v. Joshua J. Hams, 2015AP2656-CR, 6/30/16, District 4; (1-judge opinion; ineligible for publication); case activity (including briefs) Don’t look down! If you do–and stutter nervously in response to questioning–the police have reasonable suspicion to extend a stop of your car for a traffic violation. So says the court of appeals in a decision that veers across the constitutional… Read More

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State v. Patrick Hogan, 2015 WI 76, 7/10/2015, affirming a court of appeals per curiam decision, 2013AP430-CR, majority opinion by Prosser; concurrence by Ziegler, dissent by Bradley (joined by Abrahamson); case activity (including briefs) Sixteen seconds. It takes longer than that just to find your keys, get into your car, buckle up and start your… Read More

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State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision For Kyles: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: The following factors did not add up to reasonable suspicion supporting the frisk of a passenger during a routine traffic stop (¶17): (1) The officer testified that he “didn’t feel any particular threat before searching” the… Read More

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State v. Philip R. Bons, 2007 WI App 124, PFR filed 4/24/07 For Bons: Vladimir M. Gorokhovsky Issue: Whether a concededly proper traffic stop (for speeding) was extended without sufficient cause when the officer, after issuing the ticket and returning the license, asked to search the car. Holding: ¶15  We conclude that Ramstack could have formed a… Read More

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State v. Christopher Gammons, 2001 WI App 36 For Gammons: Keith A. Findley, LAIP Issue/Holding: Police did not have reasonable suspicion to continued detention for a routine traffic problem after the purpose of the stop was fulfilled: ¶21 In evaluating reasonable suspicion, we must examine whether all the facts, when taken together, could constitute a… Read More

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State v. Jose C. McGill, 2000 WI 38, 234 Wis. 2d 560, 609 N.W.2d 795, affirming unpublished decision For McGill: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the officer had reasonable suspicion to believe McGill armed and dangerous, and therefore to frisk him, following a routine traffic stop. Holding: Judged by the requisite objective test, the… Read More

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State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999) For Betow: James C. Murray Issue/Holding: The police didn’t have reasonable suspicion to extend a routine stop for speeding based on the following: the driver’s wallet was adorned with a picture of a mushroom, coupled with the officer’s experience that the depiction… Read More

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