Motion to Suppress

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Randolph Arthur Mantie

Case No.: 2015AP2443-CR

Officials: Brennan, P.J., Kessler and Dugan, JJ.

Focus: Motion to Suppress

Randolph Arthur Mantie appeals the order of the trial court denying his motion to suppress evidence from the stop of his vehicle and the judgment of conviction for OWI, eighth offense.1 Mantie acknowledges that the trial court’s factual findings were not clearly erroneous but contends that the trial court erred as a matter of law in deciding that the stop was supported by reasonable suspicion. Mantie presents a focused argument on a narrow issue, namely, that the trial court erred in determining that the officer had an objectively reasonable suspicion that Mantie was committing or about to commit a crime. Mantie bases his argument on the premise that he, not the officer, had the right-ofway at the intersection where the officer saw him stop abruptly.

The State counters that because Mantie concedes that the trial court’s factual findings were not clearly erroneous, the trial court’s legal conclusion that the officer had reasonable suspicion for the stop is correct. The trial court’s factual findings were that Mantie failed to stop for the stop sign on Courtland and North 37th Streets and then failed to proceed with reasonable caution across North 37th to Hopkins, violating both WIS. STAT. §§ 346.46(1) and (2) (2015-16). 2 The trial court expressly concluded, based on the court’s trip to view the intersection, review of the exhibits containing the officer’s dash cam video, photos and maps, and testimony of the officer and Mantie, that the officer traveling southbound on Hopkins had the right-of-way, not Mantie.

We agree with the State and affirm.

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