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Reasonable Suspicion – Stop – Basis – Test – Failure to Yield to Show of Authority

State v. Jeffrey P. Powers, 2004 WI App 143
For Powers: Walter Arthur Piel, Jr.


¶8. Before addressing Powers’ arguments, we will clarify when a seizure occurs. The trial court held that Powers was seized when Bethia activated his emergency lights. That is not the law in Wisconsin. In State v. Kelsey C.R., 2001 WI 54, ¶33, 243 Wis. 2d 422, 626 N.W.2d 777, the supreme court held, “In order to effect a seizure, an officer must make a show of authority, and the citizen must actually yield to that show of authority.” In this case, the seizure did not occur until Powers pulled off the public street, into a parking lot, and parked in front of a restaurant. Therefore, in considering whether the standard for reasonable suspicion has been met, we will include in the totality of the circumstances everything from the tip from the clerk at Osco to Powers’ parking in front of the restaurant.

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