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Arrest — Test for Custody — Traffic Offense: Temporary Stop Not Converted to Arrest

State v. Dale Gruen, 218 Wis. 2d 581, 582 N.W.2d 728 (Ct. App. 1998)
For Gruen: Scott F. Anderson

Issue/Holding: Temporary detention of Gruen based on reasonable suspicion that he had caused an automobile accident while intoxicated was not converted into arrest, where the 1st officer detained him for no more than 15 minutes until a 2nd officer, from the appropriate jurisdiction could arrive; and, Gruen consented to sit in the police van to get out of the cold until the 2nd officer arrived. Nor did the 2nd officer’s separate investigation covert the stop into an arrest: he “was entitled, indeed, obligated, to conduct his own independent investigation of the accident.” (Citing State v. Quartana, 213 Wis.2d 440, 570 N.W.2d 618 (Ct. App. 1997).)


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