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1. Stops, in general

Traffic stop was extended lawfully

State v. Brynton C. Foston, 2022AP387, 9/14/22, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) An officer saw Foston driving without headlights between 2:00 and 3:00 a.m. and activated his emergency lights. Foston didn’t stop. He accelerated, pulled into his driveway, and stumbled as he tried to reach his back door. The… Read more

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City of West Bend v. Peter F. Parsons, 2022AP98, 8/17/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) This is an appeal of convictions for violating local ordinances in conformity with the state laws outlawing OWI. The court of appeals affirms. An officer stopped Parsons’s vehicle after midnight during a snowstorm, thinking… Read more

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State v. Michael Justin Schwersinske, Jr., 2022AP162-CR, District 2, 8/10/22 (one-judge decision; ineligible for publication); case activity (including briefs) Schwersinske concedes the lawfulness of the initial stop of the car he was driving for crossing the centerline of Highway 151. But he argues, unsuccessfully, that the officer didn’t have reasonable suspicion to extend the stop… Read more

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County v. Buffalo v. Kevin J. Rich, 2020AP1526, 6/7/22, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) The court of appeals rejected all three of Rich’s challenges to his OWI 1st conviction. It held that the deputy did have reasonable suspicion to stop Rich’s jeep and to expand the stop to require… Read more

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State v. Joshua John Hansen, 2021AP1006 & 2021AP1620-CR, District 4, 5/5/22 (one-judge decision; ineligible for publication); case activity (including briefs) A blue light illuminating the rear license plate is an apparent equipment violation and thus justified the stop of Hansen’s car. Once stopped, the officer had reasonable suspicion to extend the stop to investigate whether… Read more

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State v. Bradley C.  Burgess, 2021AP1067-CR, District 4, 4/21/22 (not recommended for publication); case activity (including briefs) A traffic stop should last only as long as necessary for the police to complete the “mission” of investigating the traffic infraction that justified the stop, including ordinary inquiries incident to the stop. Rodriguez v. U.S., 575 U.S. 348… Read more

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State v. Charles W. Richey, petition to review a per curiam opinion granted 4/13/22; case activity (including briefs) Question presented: Whether, at the time of the stop, Officer Meier only had a generalized hunch that Richey’s motorcycle may have been the one that committed a traffic violation. An officer in the Village of Weston radioed… Read more

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State v. Christopher Antonje Tek, 2021AP1112-Cr, 3/31/22, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs). About 45 seconds into a traffic stop, Officer Rocha placed Tek in handcuffs and continued his investigation of a possible OWI.  Ten minutes later, Rocha took Tek to jail and arrested him. Tek argued that he was… Read more

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