Motor Vehicles – OWI — reasonable suspicion

Listen to this article

Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — reasonable suspicion

Todd A. Laws appeals from his conviction for operating a motor vehicle while under the influence of an intoxicant following the circuit court’s denial of his motion to suppress. Laws contends the police officer who performed the traffic stop leading to his arrest and conviction violated his constitutional right to be free from unreasonable searches and seizures. Specifically, he argues that the officer lacked the reasonable suspicion necessary to lawfully stop him because the only questionable activity the officer observed was Laws weaving within his own lane. We disagree—the officer did not simply see Laws weaving in his lane; he observed Laws “constant[ly] swerving” for one-half to one mile, before and after stopping at a stop sign, at 2:45 a.m. on a Sunday. We affirm. This opinion will not be published.

2012AP1930-CR State v. Laws

Dist II, Walworth County, Kennedy, J., Gundrum, J.

Attorneys: For Appellant: Walter, Andrew R., Elkhorn; For Respondent: Weber, Gregory M., Madison; Rea, Haley, Elkhorn