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Stop – Duration – Traffic Offense – Prolonged by Seeking Consent to Search

State v. Calvin R. Kolk, 2006 WI App 261
For Kolk: Michael Zell

Issue/Holding: The (lawful) traffic stop’s purpose concluded when the officer returned Kolk’s license and registration and issued his warning; however, the officer had not released Kolk from the temporary detention caused by the traffic stop when he next asked for consent to search the car and as a result Kolk’s ensuing consent was tainted, ¶¶20-24.

State v. Daniel L. Gaulrapp, 207 Wis. 2d 600, 558 N.W.2d 696 (Ct. App. 1996) and State v. Lawrence A. Williams, 2002 WI 94, distinguishedState v. Reginald Jones, 2005 WI App 26, followed.

 

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