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Reasonable Suspicion — Stop — Duration — Prolonged to Process Scene of Fatal Accident

State v. Guy W. Colstad, 2003 WI App 25
For Colstad: T. Christopher Kelly

Issue/Holding: Prolonged detention of the driver at the scene of a fatal accident did not transmute a temporary stop into an arrest:

¶17 Colstad argues that the duration of his detention was unreasonable because the officer directed him to wait, instead of questioning Colstad sufficiently to dispel or confirm the officer’s suspicions, and because Colstad was made to wait approximately thirty to forty-five minutes before the officer resumed questioning. The State responds that the duration of the detention was reasonable given the chaotic accident scene and need for the officer to attend to the victim and process the scene. We agree with the State.

 

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