2010AP3128-CR State v. Glaze

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Motor Vehicles
OWI; reasonable suspicion; probable cause

Bridgette M. Glaze appeals from a judgment convicting her of OWI, second offense, and challenges an order denying her motion to suppress. Glaze was arrested after an off-duty deputy witnessed her arguing heatedly with a man. As the off-duty deputy watched, Glaze and the man got into a car together and then the man got out and ran away from the car, cutting between buildings. The deputy was concerned that this might be a domestic violence incident. He reported his observation to dispatch and began to follow Glaze when she drove away. While following, the deputy witnessed her cross the centerline and touch the fog line during a turn as well as weave within her lane. Meanwhile, dispatch had directed another deputy to her location and that deputy stopped Glaze in her driveway. That deputy smelled and saw indicia of intoxication and arrested her.

¶2 Glaze primarily alleges that the arresting deputy lacked reasonable suspicion to stop her because all that deputy knew was the possibility of a domestic violence dispute, which he claims was without any factual basis. But the off-duty deputy saw evidence of impaired driving. That information then became collective knowledge within the police department. See State v. Mabra, 61 Wis. 2d 613, 625-26, 213 N.W.2d 545 (1974). Therefore, it is the off-duty deputy’s observations that are important, not the subjective knowledge of the arresting deputy. The stop was valid. We also address, and sustain, the finding of probable cause to arrest. This opinion will not be published.

2010AP3128-CR State v. Glaze

Dist II, Racine County, Jude, J., Brown, C.J.

Attorneys: For Appellant: Orth, John C., Middleton; For Respondent: Weber, Gregory M., Madison; Ureta, Juan F., Racine

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