Suppression of Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. David J. VanRemortel

Case No.: 2022AP001717-CR

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

Focus: Suppression of Evidence

David VanRemortel appeals from a judgment convicting him of a seventh offense operating a motor vehicle while under the influence of an intoxicant. He challenges a suppression ruling, claiming that: (1) the police lacked reasonable suspicion for a traffic stop that was not based upon an observed traffic violation; and (2) the police impermissibly extended the stop to conduct field sobriety tests. The appeals court concludes that the totality of the circumstances provided sufficient grounds for both the stop and the subsequent sobriety tests.

VanRemortel emphasized that none of the observed behaviors prior to the stop, was itself illegal. The appeals court ruled that it is not necessary, however, that an officer observe illegal behavior in order to conduct an investigatory stop. Evasive behavior—that is, conduct suggesting that an individual is attempting to avoid police contact—can give rise to a reasonable suspicion of criminal activity and therefore justify an investigatory stop in and of itself

Affirmed.

Decided 10/03/23

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