Unreasonable Search & Seizure – Identification

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Criminal

WI Court of Appeals – District IV

Officials: HIGGINBOTHAM, J.

Unreasonable Search & Seizure – Identification

2015AP162-CR State of Wisconsin v. Emiliano Calzadas

Emiliano Calzadas was charged with operating without a license.2 Calzadas moved the circuit court to suppress all evidence obtained as a consequence of a traffic stop and subsequent seizure. The court denied the motion. Calzadas plead no contest and a judgment of conviction was entered. On appeal, Calzadas argues that he was subject to an unreasonable seizure when the deputy requested and verified his identification following an otherwise lawful traffic stop. He concedes that the deputy who stopped the vehicle he was driving had reasonable suspicion for the stop based on the deputy’s knowledge that the registered owner of the automobile, a female, had a suspended driver’s license. However, Calzadas argues that reasonable suspicion evaporated after the deputy saw that the person driving the vehicle was a male, and that the deputy was therefore required under the Fourth Amendment to terminate the stop without requesting and verifying Calzadas’ identification. For the reasons that follow, we reject Calzadas’ argument and affirm the circuit court.

Decision

Affirmed

Full Text

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