01-0463 State v. Williams

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“The questioning occurred after 2:30 in the morning on the shoulder of a rural interstate highway. Williams was standing outside his vehicle, facing the flashing emergency lights. These are not the kind of circumstances in which a citizen would feel free to ignore a police officer’s questions.

“Finally, we note that the questioning started almost immediately after the warning ticket was issued. The State would have us conclude that a reasonable person should be able to tell that the legal detention was concluded and that he or she was now free to disregard the trooper’s questions. We disagree. A reasonable person would not have detected the nearly seamless transition from the conclusion of the traffic stop to the questioning.”

Accordingly, where defendant had been seized, his consent to the search of his car was invalid and the drugs and gun found in the car were properly suppressed.

Affirmed.

Recommended for publication in the official reports.

Dist III, Eau Claire County, Proctor, J., Peterson, J.

Attorneys:

For Appellant: Stephen W. Kleinmaier, Madison; Jennifer R. Agner, Eau Claire

For Respondent: Carl T. Bahnson, Altoona