State v. Mays

2019 WI App 1, 923 N.W.2d 180, 385 Wis. 2d 212
CourtCourt of Appeals of Wisconsin
DecidedNovember 7, 2018
DocketAppeal No. 2018AP571-CR
StatusPublished

This text of 2019 WI App 1 (State v. Mays) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Mays, 2019 WI App 1, 923 N.W.2d 180, 385 Wis. 2d 212 (Wis. Ct. App. 2018).

Opinion

GUNDRUM, J.1

¶ 1 The State of Wisconsin appeals from the circuit court's grant of Emily Mays' motion to suppress evidence. Following an officer's investigatory stop, Mays was arrested and subsequently charged with operating a motor vehicle while intoxicated and operating with a prohibited alcohol concentration, both as second offenses and with a minor child in the vehicle, and operating while revoked. We conclude the court erred in determining that the officer's suspicion that Mays was operating her vehicle while intoxicated and with her children in the vehicle was not reasonable and thus erred in granting Mays' suppression motion. We reverse and remand for further proceedings.

Background

¶ 2 The arresting officer was the only witness to testify at the evidentiary hearing on Mays' suppression motion. His relevant testimony is as follows.

¶ 3 Around 2:53 a.m. on July 19, 2017, the officer observed a "reckless driver call" near his location "pop up" on his squad computer. The note said there was "a possible intoxicated driver." When the officer told dispatch he would be en route to the call, dispatch further informed him it had received a call from a woman ("the 911 caller") who explained she had received a call from an employee of hers, a teenage girl named Stephanie, and the girl informed the 911 caller that her mother, who the 911 caller reported as being named "Emily," was driving drunk with the girl and her siblings in the vehicle. The 911 caller indicated they were in a "blue truck" "in the area of Frank School." Shortly thereafter, the officer located a vehicle matching the description in the area of Frank School and followed it for approximately ten blocks.

¶ 4 The officer observed the vehicle "slowly kind of ... g[et] close" to the center line and then switch lanes without using a directional signal. The officer stopped the vehicle and learned there were four children in it and Mays was driving. Following additional investigation, the officer arrested Mays for operating while intoxicated, second offense, with a minor child in the vehicle. After she was criminally charged with the same offense as well as operating with a prohibited alcohol concentration, second offense, with a minor child in the vehicle, and operating while revoked, Mays moved to suppress the evidence, challenging the constitutionality of the stop.

¶ 5 At the suppression hearing, a videotape from the officer's squad car was played, as were audiotapes from the 911 caller's call to dispatch and dispatch's subsequent call to the officer. In granting the motion to suppress, the court found there was a 911 call "indicating that a particular individual may be in a vehicle being driven by the mom who may be intoxicated. Dispatch to the police officer just basically indicates [911] caller says daughter says mom driving around in blue truck intoxicated with them in the car, et cetera, certain location." The court found that when the officer followed Mays' vehicle for numerous blocks, Mays "didn't commit any traffic violations" or driving movements of significant concern but did "ma[k]e a slight deviation towards the center line before staying in the left lane and then turned from the left lane into the right lane without a traffic signal." The court concluded the evidence was insufficient to justify the officer's investigatory stop and granted Mays' suppression motion. The State appeals.

Discussion

¶ 6 Reviewing a circuit court's ruling on a motion to suppress evidence, we apply the clearly erroneous standard to the court's factual findings. State v. Smiter , 2011 WI App 15, ¶ 9, 331 Wis. 2d 431, 793 N.W.2d 920 (2010). However, our review of whether the facts satisfy the required constitutional standard-here, reasonable suspicion-is de novo. State v. Powers , 2004 WI App 143, ¶ 6, 275 Wis. 2d 456, 685 N.W.2d 869.

¶ 7 In granting the suppression motion, the circuit court focused largely on the fact that the officer's testimony and the squad car video indicated that during the approximately ten blocks the officer followed Mays' vehicle, he did not observe any traffic violations or driving of sufficient concern to give him a reasonable suspicion Mays was intoxicated. We, however, focus more heavily on the information the police had received from the 911 caller.

¶ 8 "When reviewing a set of facts to determine whether those facts could give rise to a reasonable suspicion," we should

apply a commonsense approach to strike a balance between the interests of the individual being stopped to be free from unnecessary or unduly intrusive searches and seizures, and the interests of the State to effectively prevent, detect, and investigate crimes. In every case, a reviewing court must undertake an independent objective analysis of the facts surrounding the particular search or seizure and determine whether the government's need to conduct the search or seizure outweighs the searched or seized individual's interests in being secure from such police intrusion.

State v. Rutzinski , 2001 WI 22, ¶ 15, 241 Wis. 2d 729, 623 N.W.2d 516 (citations omitted).

¶ 9 Reasonable suspicion necessary for an investigative stop requires "more than an officer's inchoate and unparticularized suspicion or 'hunch.' " State v. Post , 2007 WI 60, ¶ 10, 301 Wis. 2d 1, 733 N.W.2d 634 (citation omitted). "Rather, the officer 'must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant' the intrusion of the stop." Id . (citations omitted). The "crucial question" in determining whether the stop was reasonable is "whether the facts of the case would warrant a reasonable police officer, in light of his or her training and experience, to suspect that the individual has committed, was committing, or is about to commit a crime." Id ., ¶ 13. In determining whether a stop was reasonable, we consider "the totality of the facts and circumstances." Id .

¶ 10 In this case, the information of significance the police possessed prior to stopping Mays came largely from the 911 caller.

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Related

City of Indianapolis v. Edmond
531 U.S. 32 (Supreme Court, 2000)
United States v. Robert Kevin Jackson
898 F.2d 79 (Eighth Circuit, 1990)
State v. Romero
2009 WI 32 (Wisconsin Supreme Court, 2009)
State v. Robinson
2010 WI 80 (Wisconsin Supreme Court, 2010)
State v. Boggess
340 N.W.2d 516 (Wisconsin Supreme Court, 1983)
State v. Rutzinski
2001 WI 22 (Wisconsin Supreme Court, 2001)
State v. Williams
2001 WI 21 (Wisconsin Supreme Court, 2001)
State v. Post
2007 WI 60 (Wisconsin Supreme Court, 2007)
State v. Lange
2009 WI 49 (Wisconsin Supreme Court, 2009)
State v. Powers
2004 WI App 143 (Court of Appeals of Wisconsin, 2004)
Prado Navarette v. California
134 S. Ct. 1683 (Supreme Court, 2014)
State v. Smiter
2011 WI App 15 (Court of Appeals of Wisconsin, 2010)
State v. Rissley
2012 WI App 112 (Court of Appeals of Wisconsin, 2012)
State v. Hillary
2017 WI App 67 (Court of Appeals of Wisconsin, 2017)

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Bluebook (online)
2019 WI App 1, 923 N.W.2d 180, 385 Wis. 2d 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mays-wisctapp-2018.