01-1995-CR State v. Avery

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Shawn E. Avery appeals a judgment of conviction for possession of marijuana. Avery pled no contest to the offense after the trial court denied his motion to suppress evidence. Avery challenges this ruling on appeal. Avery argues that (1) the officer lacked probable cause to stop his vehicle for a traffic violation, and (2) the officer lacked reasonable suspicion to extend the stop and detain him and the other occupant of the vehicle.

We assume arguendo that the officer’s initial stop of Avery’s vehicle for a traffic violation was reasonable. However, we further conclude that the officer lacked reasonable suspicion to extend the stop and detain Avery and his passenger. As such, the evidence seized following the initial stop of the vehicle should have been suppressed.

We reverse the judgment and remand for further proceedings.

This opinion will not be published.

Dist II, Sheboygan County, Murphy, J., Nettesheim, J.

Attorneys:

For Appellant: Joseph E. Redding, Milwaukee

For Respondent: Robert J. Wells Jr., Sheboygan; Joseph R. DeCecco, Sheboygan