Unlawful Duration of Stop-Reasonable Suspicion

By: WISCONSIN LAW JOURNAL STAFF//December 11, 2023//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. John A. Shilts

Case No.: 2021AP000284

Officials: Gill, J.

Focus: Unlawful Duration of Stop-Reasonable Suspicion

Shilts appeals a judgment convicting him of operating a motor vehicle while intoxicated (OWI), as a first offense. Shilts argues that: (1) law enforcement officers lacked reasonable suspicion to believe that he was driving under the influence of alcohol and therefore violated his Fourth Amendment rights by asking him to step out of his vehicle to perform field sobriety tests, see Terry v. Ohio, 392 U.S. 1 (1968); and (2) the duration of his Terry stop was unreasonable. The Court of Appeals found that the officers had reasonable suspicion to stop Shilts based on his driving behavior. It also ruled that the duration of the stop was justified to ensure an unbiased investigation. The decision to bring in an officer from outside the county was to avoid conflict of interest and impropriety.

Affirmed.

Decided 12/05/23

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