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02-0384 State v. Williams

By: dmc-admin//October 7, 2002//

02-0384 State v. Williams

By: dmc-admin//October 7, 2002//

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“We conclude that Officer Garcia did have knowledge of facts sufficient to provide a reasonable suspicion that the driver of the vehicle had been involved in the domestic abuse incident. The vehicle she stopped was sufficiently similar to that described by the complainant, and a young black male was driving the vehicle. The fact that she saw the car within a few blocks of the scene of the domestic abuse incident was an additional relevant factor: it was reasonable to infer that Phillips frequented the neighborhood where his girlfriend lived. Finally, stopping the vehicle to determine if Phillips was the driver was a means to quickly find that out with minimal intrusion….

“[However,] although Officer Garcia testified that she asked Williams for his consent and he gave it, there are reasonable inferences from Baumann’s testimony, if it is believed, that may conflict with Officer Garcia’s testimony: that Officer Garcia did not ask for Williams’s consent, or she asked and he said no, or he objected initially and ultimately agreed. The State argues that it is unlikely Baumann heard the comment from Williams that she testified to because of Officer Fahrney’s testimony about the distance, but that is a credibility issue for the trier of fact to resolve, not this court. The trial court’s comments on its concerns about the consent to search suggest that the court did view the evidence as raising questions as to whether Williams gave consent and, if so, whether consent was voluntary. We conclude there is conflicting evidence on these points, which the trial court must resolve.”

Reversed and remanded.

Recommended for publication in the official reports.

Dist IV, Rock County, Byron, J., Vergeront, P.J.

Attorneys:

For Appellant: Scott H. Dirks, Janesville; Susan M. Crawford, Madison

For Respondent: Michael A. Haakenson Janesville

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