Reasonable Suspicion – Motion to Suppress

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Criminal

Supreme Court of Wisconsin

Reasonable Suspicion – Motion to Suppress

2013-AP-430-CR State of Wisconsin v. Patrick I. Hogan

Defendant’s consent given to police to search his vehicle after being told he was free to leave after a traffic stop negated the viability of an argument for unlawful extension of reasonable suspicion.

“Although the question of whether the deputy had reasonable suspicion to extend the traffic stop to administer field sobriety tests is a close one, we conclude that the extension was unlawful based on the evidence presented. However, the defendant’s subsequent consent to search his vehicle came after the traffic stop had ended and the defendant was told he was free to leave. Because the police did not exploit the unlawful extension of the stop in order to gain Hogan’s consent to search his vehicle, attenuation analysis is unnecessary in this case. Furthermore, Hogan was not constructively seized when he gave consent to search his truck. We therefore conclude that the defendant’s consent was valid and that it was not error for the circuit court to deny the defendant’s motion to suppress the evidence recovered from his truck.”

ZIEGLER, J., concurs. (Opinion Filed)

Not Paricipating: BRADLEY, ABRAHAMSON, J.J., dissent. (Opinion Filed.)

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.