Search and Seizure — reasonable suspicion

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Wisconsin Court of Appeals

Criminal

Search and Seizure — reasonable suspicion

Gumersinda Gonzalez appeals the circuit court’s judgment convicting her of possession of THC. An officer found evidence of this crime after stopping Gonzalez for a defective headlight, detecting an odor of intoxicants coming from Gonzalez’s vehicle, and extending Gonzalez’s detention to conduct field sobriety tests. Gonzalez pled no contest after the circuit court denied her suppression motion, and she now challenges the circuit court’s suppression ruling. Gonzalez argues that the officer lacked reasonable suspicion of intoxicated driving to justify the extension of her detention to conduct the field sobriety tests. This case presents a close call. However, based on persuasive authority in the form of unpublished opinions, I agree with Gonzalez that reasonable suspicion was lacking here. I reverse the judgment and remand for the circuit court to suppress the evidence against Gonzalez obtained as a result of her unlawful detention. This opinion will not be published.

2013AP2585-CR State v. Gonzalez

Dist IV, Wood County, Potter, J., Lundsten, J.

Attorneys: For Appellant: Herbert, Michael J., Madison; For Respondent: Weber, Gregory M., Madison; Lambert, Craig S., Wisconsin Rapids