Unlawful-stop Claim – Reasonable Suspicion

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WI Supreme Court

Case Name: State of Wisconsin v. Courtney C. Brown

Case No.: 2020 WI 63

Focus: Unlawful-stop Claim – Reasonable Suspicion

Courtney Brown failed to fully stop his car at a stop sign, prompting a police officer to initiate a traffic stop. Brown contends the officer impermissibly extended the stop after writing a ticket for the traffic violation by asking Brown to exit the car, inquiring about anything concerning in Brown’s possession, and requesting consent to search him. Brown seeks suppression of the cocaine the officer found in Brown’s possession when he searched him, claiming that in the absence of reasonable suspicion, the Fourth Amendment prohibited the officer’s actions after he wrote the traffic ticket, which Brown argues should have ended the mission of the stop. We conclude the Constitution permits law enforcement to ask a driver to exit the vehicle, inquire about the presence of weapons, and request consent to search the driver, all of which are negligibly burdensome actions relating to officer safety, a well-established part of a traffic stop’s mission. We affirm the court of appeals.

Affirmed

Concur: REBECCA GRASSL BRADLEY, J., filed a concurring opinion in which KELLY, J., joined.

Dissent: DALLET, J., filed a dissenting opinion.

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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.