Suppression of Evidence-Reasonable Suspicion

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Varick C. Choice

Case No.: 2022AP001148-CR

Officials: White, C.J., Donald, P.J., and Dugan, J.

Focus: Suppression of Evidence-Reasonable Suspicion

According to the criminal complaint, police officers on patrol in the City of Milwaukee on April 1, 2018, stopped a Ford Expedition on West Atkinson Avenue for suspected traffic code violations. The driver, subsequently identified as Choice, was not cooperative with the officers. During the ensuing struggle, the officers saw a firearm in his car. Officers eventually subdued Choice, searched his person, and found twenty-one grams of a plant-like substance. The substance tested positive for tetrahydrocannabinols. Court records revealed that Choice had previously been convicted of a felony. The State charged him in the instant matter with being a felon in possession of a firearm, possession with intent to deliver marijuana, and resisting an officer.

Choice appeals a judgment of conviction entered after he pled guilty to being a felon in possession of a firearm and to possessing marijuana. The question on appeal is whether the circuit court properly denied his motion to suppress evidence found during a traffic stop. Choice asserts that the circuit court erred and that suppression was required because police detained him without reasonable suspicion that he was violating any law. The appeals court concludes that police had reasonable suspicion to detain Choice because he failed to stop his motor vehicle as required before entering a highway from a point of access other than another highway.

Affirmed.

Decided 10/17/23

Full Text