Unlawful-stop Claim – Reasonable Suspicion – Suppression of Evidence

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Nicholas Reed Adell

Case No.: 2020AP2135-CR

Officials: Blanchard, P.J., Kloppenburg, and Nashold, JJ.

Focus: Unlawful-stop Claim – Reasonable Suspicion – Suppression of Evidence

The State of Wisconsin appeals the circuit court’s order granting Nicholas Reed Adell’s motion to suppress evidence arising from a traffic stop. The circuit court determined that the arresting deputy lacked reasonable suspicion to extend the traffic stop to administer field sobriety tests and, on that basis, granted Adell’s motion to suppress the field sobriety test results and subsequent evidence of operating with a prohibited alcohol concentration. The State argues that the circuit court erroneously granted the motion to suppress.

We conclude that the deputy properly extended the stop to investigate whether Adell was operating with a prohibited alcohol concentration because the totality of the facts and circumstances gave rise to reasonable suspicion of that offense, and that the deputy lawfully administered field sobriety tests in furtherance of that investigation because the tests were likely to support or dispel the deputy’s suspicion. Accordingly, we reverse the circuit court’s order and remand for further proceedings.

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Derek A Hawkins is Corporate Counsel, at Salesforce.