Reasonable Suspicion-

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Iain A. Johnson

Case No.: 2022AP000389-CR

Officials: Gill, J.

Focus: Reasonable Suspicion-

Iain Johnson appeals a judgment of conviction for operating a motor vehicle while intoxicated (OWI), as a third offense. Johnson argues that the circuit court erred by denying his suppression motion. Specifically, Johnson contends that the officer who stopped his vehicle lacked reasonable suspicion to expand the scope of the stop by directing him to exit his vehicle in order to perform field sobriety tests. Despite Johnson’s argument that Wojcik did not observe signs typically associated with intoxication, such as swerving or the smell of alcohol, the court emphasized that the absence of some factors does not necessarily negate the existence of reasonable suspicion. The decision to affirm the circuit court’s ruling was grounded in the principle that reasonable suspicion is a relatively low threshold, assessed on the totality of circumstances. Therefore, the evidence and observations presented were deemed sufficient for Wojcik to lawfully extend the traffic stop and conduct field sobriety tests.

Affirmed.

Decided 04/02/24

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