Unlawful-stop Claim – Reasonable Suspicion

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WI Supreme Court

Case Name: State of Wisconsin v. Mose B. Coffee

Case No.: 2020 WI 53

Focus: Unlawful-stop Claim – Reasonable Suspicion

We review a decision of the court of appeals affirming the circuit court denial of Mose B. Coffee’s motion to suppress evidence obtained from a search of a vehicle incident to his lawful arrest for Operating While Intoxicated (OWI) that Coffee argues violated the Fourth Amendment of the United States Constitution. The court of appeals reasoned that the lawful arrest for OWI, in and of itself, supplied a basis to search the passenger compartment, and, specifically, a bag located behind the driver’s seat that contained marijuana.

We disagree that the lawful arrest for OWI, in and of itself, supplied a sufficient basis to search the passenger compartment of Coffee’s vehicle. However, the search was lawful because police had reasonable suspicion, based on the totality of the circumstances, that the passenger compartment, and, specifically, the bag, might contain evidence of OWI. Accordingly, we affirm the court of appeals.

Affirmed

Concur: KELLY, J., filed a concurring opinion.

Dissent: DALLET, J., filed a dissenting opinion, in which REBECCA GRASSL BRADLEY, J., joined.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.