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b. Flight

State v. Lindsey Dawayne Neal, 2017AP1397-CR, 4/3/18, District 1, (not recommended for publication); case activity (including briefs) According to the court of appeals, yes. The State’s allegations in its complaint and a dashcam video were sufficient to prove reasonable suspicion that Neal parked his car in a manner to obstruct traffic on a highway in… Read More

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State v. Gregory J. McMillan, 2016AP127-CR, 12/16/2016, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) 12:30 a.m., Saturday, Dodge Charger, driving away from tavern-rich area of McFarland. No bad driving, but a “relatively sudden” right turn with a squad two car lengths behind. The turn is onto a dead-end street with only… Read More

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State v. Arturo Luiz-Lorenzo, 2015AP1540-CR, 5/18/2016, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Police discovered cocaine on Luiz-Lorenzo as a result of his arrest; he challenges the grounds for the initial Terry stop. The Kenosha officer who stopped Luiz-Lorenzo was responding to a reported disturbance around 3 a.m. On arriving in the… Read More

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Reasonable Suspicion – Traffic Stop

court of appeals decision (1-judge, not for publication); for Cortes: Timmothy J. Lennon; BiC; Resp.; Reply State v. Rolando S. Cortes, 2010AP621-CR, Distric 3, 10/5/10 The officer had reasonable suspicion to perform a traffic stop: ¶7        Conley’s inference that Cortes was trying to elude or evade police was reasonable given the totality of the circumstances. … Read More

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State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶26      Under Hodari D. and Kelsey, an uncomplied-with show of authority cannot constitute a seizure. … … ¶37      Mendenhall is the appropriate test for situations where the question is whether a person submitted to a police show of authority… Read More

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State v. Damian Darnell Washington, 2005 WI App 123 For Washington: Diana M. Felsmann, SPD, Milwaukee Appellate Issue/Holding: ¶13      In United States v. Mendenhall, 446 U.S. 544 (1980), the Supreme Court stated that “[w]e adhere to the view that a person is ‘seized’ only when, by means of physical force or a show of authority, his… Read More

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State v. Eugene Patton, 2006 WI App 235 For Patton: Daniel R. Clausz Issue: Whether the police had reasonable suspicion to detain on the basis of an anonymous tip, where the suspects not only matched the description of the anonymously-reported armed robbery, but also engaged in potentially suspicious behavior in response to police presence. Holding: ¶21   Thus, the instant… Read More

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State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: Refusal to obey an officer’s command to halt reinforces extant reasonable suspicion to stop the individual: ¶73      Officer Alfredson testified that after he ordered Young to return to the car the first time, Young “turned and started walking… Read More

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