Unlawful-stop Claim – Reasonable Suspicion – Suppression of Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Randy J. Promer

Case No.: 2020AP1715-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

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

Randy Promer appeals a judgment convicting him of one count of operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood, as a seventh offense, and one count of possession of methamphetamine. Promer argues the circuit court erred by denying his motion to suppress evidence. He contends that law enforcement lacked reasonable suspicion to stop his vehicle, and that the community caretaker doctrine did not justify the stop.

We conclude the stop of Promer’s vehicle was permissible under the community caretaker doctrine. In so doing, we reject Promer’s argument that the United States Supreme Court’s decision in Caniglia v. Strom, 141 S. Ct. 1596 (2021), “eliminat[ed] the community caretaker doctrine as a standalone exception to the Fourth Amendment warrant requirement.” Instead, we conclude Caniglia merely held that the community caretaker doctrine cannot be used to justify a warrantless intrusion into a home. As this case involves the stop of an automobile, Caniglia is inapplicable. Accordingly, the circuit court properly denied Promer’s suppression motion, and we therefore affirm his judgment of conviction.

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Derek A Hawkins is Corporate Counsel, at Salesforce.