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Reasonable Suspicion – Traffic Stop

State v. William J. Merry, 2010AP1618-CR, District 2, 11/17/10

court of appeals decision (1-judge, not for publication); pro se; State Resp.

¶8        Here, Nye testified that when he observed Merry’s vehicle, he could see “that the stoplight for the intersection for westbound traffic was red.” While Merry is correct that Nye did not (and could not) testify to having personally observed the traffic light from Merry’s perspective, Nye did confirm that “both eastbound and westbound lights are the same at all times” and there is not a green turn arrow at that intersection. Nye’s testimony that he observed Merry’s vehicle stop and then proceed through a red light is sufficient to support a determination that Nye had reasonable suspicion that Merry had violated a traffic law. See WIS. STAT. § 346.37(1)(c)1. (“[v]ehicular traffic facing a red signal shall stop”); see also Colstad, 260Wis. 2d 406, ¶13 (investigatory stop was proper if there was reasonable suspicion to believe defendant had violated a traffic ordinance).

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