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Traffic Stop – Reasonable Suspicion

State v. Brian R. Rogers, 2010AP1300-CR, District 4, 12/9/10

court of appeals decision (1-judge, not for publication); pro se; State’s Resp. Br.

Even assuming Rogers violated no traffic law, his driving pattern provided reasonable suspicion for a stop:

¶10      Here too, the totality of the circumstances provided Lambrecht with reasonable suspicion to initiate a traffic stop.  Lambrecht observed Rogers’ vehicle weave both within and outside its lane multiple times over the span of approximately one mile.  Rogers’ pronounced weaving, in conjunction with the fact that the incident took place around bar time, was adequate to give rise to a reasonable suspicion that Rogers was driving under the influence of intoxicants, justifying the investigatory stop of Rogers’ vehicle.  See id.,¶36 (suggesting that investigatory stop is reasonable when officer observes a vehicle weaving around bar time).  Accordingly, we affirm the denial of Rogers’ motion to suppress and the judgment of conviction.

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