Motion to Suppress Evidence – OWI – Traffic Stop

Listen to this article

WI Supreme Court

2014AP515-FT State of Wisconsin v. Daniel S. Iverson

Criminal – Motion to Suppress Evidence – OWI – Traffic Stop

Issue: Does 4^th Amendment and WI Constitution permit an officer of state traffic patrol to stop a vehicle based solely on the officer’s observation of the commission of a non-traffic civil forfeiture offense by an occupant of that vehicle?

Holding: Reversed and Remanded

We conclude that: (1) the Wisconsin Legislature has explicitly authorized state troopers to conduct traffic stops in order to investigate violations of Wis. Stat. § 287.81 and to arrest violators of the statute under specified conditions; (2) a traffic stop to enforce § 287.81 is generally reasonable if an officer has probable cause or reasonable suspicion that a violation of § 287.81 has occurred; (3) discarding a cigarette butt onto a highway violates § 287.81; and (4) based on his observations, the officer in this case had probable cause to believe that an occupant of Iverson’s vehicle had violated § 287.81 by throwing a cigarette butt onto the highway.

“The current case features a violation of a law applicable to the state’s highways and statutorily enforceable by the state’s traffic patrol. Enforcement of the law conceivably helps keep the state’s roads safe.17 In addition, we note that the legislature has specifically defined the terms according to which officers may briefly detain potential violators of Wis. Stat. § 287.81. Our approval of the traffic stop at issue is therefore not at odds with Houghton. A reasonable suspicion that a violation of the littering statute, § 287.81, has occurred justifies a brief and limited traffic stop. The more onerous standard of probable cause would also therefore justify a traffic stop. See Houghton, 364 Wis. 2d 234, ¶21.”

Concurred: ABRAHAMSON, J., concurs joined by A.W. BRADLEY, J.(¶¶64-66 ONLY). (Opinion Filed) A.W. BRADLEY, J., concurs. (Opinion Filed)

Not Participating: R.G. BRADLEY, J. did not participate.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.