8 Wisconsin opinions name it 2 courts 2001–2024 3 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
County of Grant v. Daniel A. Vogtgreen2 sentences2024One problem with this argument is that it fails to recognize the nature of the applicable test, which is “to assess the coercive effect of police conduct, taken as a whole, rather than to focus on particular details of that conduct in isolation.” Michigan v. Chesternut, 486 U.S. 567, 573 (1988); see also Vogt, 356 Wis. 2d 343, ¶38 (the seizure inquiry is not based on any bright-line rule but instead assesses “the totality of the circumstances.”). 2022See Vogt, 356 Wis. 2d 343, ¶¶24-25 (explaining that police questioning by itself is unlikely to result in a seizure, and that the seizure test is objective). | 2 | 2 |
United States v. Mendenhallgreen2 sentences2014Judge VanDeHey relied on the seizure analysis articulated in United States v. Mendenhall, 446 U.S. 544, 554 (1980), and determined that Deputy Small's conduct did not constitute a seizure. 2014Judge VanDeHey relied on the seizure analysis articulated in United States v. Mendenhall, 446 U.S. 544, 554 (1980), and determined that Deputy Small's conduct did not constitute a seizure. | 2 | 2 |
California v. Hodari D.green2 sentences2004California v. Hodari D., 499 U.S. 621, 626 (1991). 2001California v. Hodari D., 499 U.S. 621, 626 (1991). ¶ 31. | 2 | 2 |
Michigan v. Chesternutgreen1 sentence2024One problem with this argument is that it fails to recognize the nature of the applicable test, which is “to assess the coercive effect of police conduct, taken as a whole, rather than to focus on particular details of that conduct in isolation.” Michigan v. Chesternut, 486 U.S. 567, 573 (1988); see also Vogt, 356 Wis. 2d 343, ¶38 (the seizure inquiry is not based on any bright-line rule but instead assesses “the totality of the circumstances.”). | 1 | 1 |
Michigan v. Longgreen1 sentence2022As such, the principles for a Terry search are applicable; in particular, that a protective search for weapons in the absence of probable cause to arrest is valid “because it is unreasonable to deny a police officer the right ‘to neutralize the threat of physical harm’ when he [or she] possesses an articulable suspicion that an individual is armed and dangerous.” Michigan v. Long, 463 U.S. 1032, 1034 (1983) (citing Terry v. Ohio, 392 U.S. 1, 24 (1968)). | 1 | 1 |
Terry v. Ohiogreen1 sentence2022As such, the principles for a Terry search are applicable; in particular, that a protective search for weapons in the absence of probable cause to arrest is valid “because it is unreasonable to deny a police officer the right ‘to neutralize the threat of physical harm’ when he [or she] possesses an articulable suspicion that an individual is armed and dangerous.” Michigan v. Long, 463 U.S. 1032, 1034 (1983) (citing Terry v. Ohio, 392 U.S. 1, 24 (1968)). | 1 | 1 |
Skinner v. Railway Labor Executives' Assn.green1 sentence2019This flawed construct permeates and compromises its analysis." Dissent, ¶80; see also id. , ¶98 ("The distinction between the initial seizure and the analysis of the seized material is a key one, yet the majority treats the two discrete events as one continuous 'search.' "). | 1 | 1 |
State v. Williamsgreen1 sentence2014See Williams, 255 Wis. 2d 1, ¶23 . ¶31 The seizure test is necessarily objective,11 but it is complicated by the tendency of people to defer to a symbol of authority no matter how it is manifested. | 1 | 1 |
Immigration & Naturalization Service v. Delgadogreen2 sentences2014Thus, when determining whether an individual was seized, we must replace the individual with the 12 See INS v. Delgado, 466 U.S. 210, 228 (1984) (Brennan, J., concurring in part, dissenting in part) (stating that the seizure analysis "properly looks not to the subjective impressions of the person questioned but rather to the objective characteristics of the encounter which may suggest whether or not a reasonable person would believe that he remained free during the course of the questioning to disregard the questions and walk away") (citing 3 W. 2014See INS v. Delgado, 466 U.S. 210, 228 (1984) (Brennan, J., concurring in part, dissenting in part) (stating that the seizure analysis "properly looks not to the subjective impressions of the person questioned but rather to the objective characteristics of the encounter which may suggest whether or not a reasonable person would believe that he remained free during the course of the questioning to disregard the questions and walk away") (citing 3 W. | 1 | 1 |
State v. Griffithgreen2 sentences2002See State v. Griffith, 2000 WI 72 , 236 Wis. 2d 48 , 613 N.W.2d 72 (noting that a reasonable seizure can become an unreasonable one if the officer's investigation extends beyond that which is related to the purpose of the stop, but holding that mere identification questions asked of a passenger do not malee a seizure unreasonable); State v. Betow, 226 Wis. 2d 90, 94 , 593 N.W.2d 499 (Ct. App. 1999) (holding that "the scope of the officer's inquiry, or the line of questioning, may be broadened beyond the purpose for which the person was stopped only if additional suspicious factors come to the 2002See State v. Griffith, 2000 WI 72 , 236 Wis. 2d 48 , 613 N.W.2d 72 (noting that a reasonable seizure can become an unreasonable one if the officer's investigation extends beyond that which is related to the purpose of the stop, but holding that mere identification questions asked of a passenger do not malee a seizure unreasonable); State v. Betow, 226 Wis. 2d 90, 94 , 593 N.W.2d 499 (Ct. App. 1999) (holding that "the scope of the officer's inquiry, or the line of questioning, may be broadened beyond the purpose for which the person was stopped only if additional suspicious factors come to the | 1 | 1 |
United States v. Draytongreen2 sentences2002This principle was just affirmed in United States v. Drayton, 536 U.S. 194 , 122 S.Ct. 2105, 2113 (2002). [8] This case does not, therefore, present a question of whether the officer impermissibly exceeded the scope of or prolonged the initial seizure in violation of the Fourth Amendment. 2002This principle was just affirmed in United States v. Drayton, 536 U.S. 194 , 122 S.Ct. 2105, 2113 (2002). [8] This case does not, therefore, present a question of whether the officer impermissibly exceeded the scope of or prolonged the initial seizure in violation of the Fourth Amendment. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Brereton
green
2 sentences2019State v. Brereton , 2013 WI 17 , ¶34, 345 Wis. 2d 563 , 826 N.W.2d 369 (citations omitted). ¶100 Under the facts we address here, Randall expressed her subjective expectation of privacy in the contents of her blood by way of her letter to the State Crime Lab. 2019State v. Brereton , 2013 WI 17 , ¶34, 345 Wis. 2d 563 , 826 N.W.2d 369 (citations omitted). ¶100 Under the facts we address here, Randall expressed her subjective expectation of privacy in the contents of her blood by way of her letter to the State Crime Lab. | 1 | 2019–2019 |
State v. Bryant
green
1 sentence2014Thus, the interaction "did not become an investigative detention until after [the defendant] opened his car door." Id. ¶38 These cases demonstrate that when an officer parks near a person's vehicle, gets out, and knocks on the person's window, the officer has not necessarily displayed sufficient authority to cause a reasonable person to feel that he or she 22 No. 2012AP1812 was not free to leave.17 While a person is not automatically seized by a knock on the window, or even a supplementary request, the seizure inquiry looks at the totality of the circumstances to determine whether the officer | 1 | 2014–2014 |
Williams v. State, Department of Safety
green
2 sentences2014Williams, 854 S.W.2d at 105-07 . 2014Williams, 854 S.W.2d at 105-07 . | 1 | 2014–2014 |
State v. Gaulrapp
green
2 sentences2002See State v. Griffith, 2000 WI 72 , 236 Wis. 2d 48 , 613 N.W.2d 72 (noting that a reasonable seizure can become an unreasonable one if the officer's investigation extends beyond that which is related to the purpose of the stop, but holding that mere identification questions asked of a passenger do not malee a seizure unreasonable); State v. Betow, 226 Wis. 2d 90, 94 , 593 N.W.2d 499 (Ct. App. 1999) (holding that "the scope of the officer's inquiry, or the line of questioning, may be broadened beyond the purpose for which the person was stopped only if additional suspicious factors come to the 2002See State v. Griffith, 2000 WI 72 , 236 Wis. 2d 48 , 613 N.W.2d 72 (noting that a reasonable seizure can become an unreasonable one if the officer's investigation extends beyond that which is related to the purpose of the stop, but holding that mere identification questions asked of a passenger do not malee a seizure unreasonable); State v. Betow, 226 Wis. 2d 90, 94 , 593 N.W.2d 499 (Ct. App. 1999) (holding that "the scope of the officer's inquiry, or the line of questioning, may be broadened beyond the purpose for which the person was stopped only if additional suspicious factors come to the | 1 | 2002–2002 |
State v. Robinette
green
1 sentence2002See State v. Griffith, 2000 WI 72 , 236 Wis. 2d 48 , 613 N.W.2d 72 (noting that a reasonable seizure can become an unreasonable one if the officer's investigation extends beyond that which is related to the purpose of the stop, but holding that mere identification questions asked of a passenger do not make a seizure unreasonable); State v. Betow, 226 Wis. 2d 90, 94 , 593 N.W.2d 499 (Ct. App. 1999) (holding that "the scope of the officer's inquiry, or the line of questioning, may be broadened beyond the purpose for which the person was stopped only if additional suspicious factors come to the o | 1 | 2002–2002 |
State v. Betow
green
2 sentences2002See State v. Griffith, 2000 WI 72 , 236 Wis. 2d 48 , 613 N.W.2d 72 (noting that a reasonable seizure can become an unreasonable one if the officer's investigation extends beyond that which is related to the purpose of the stop, but holding that mere identification questions asked of a passenger do not malee a seizure unreasonable); State v. Betow, 226 Wis. 2d 90, 94 , 593 N.W.2d 499 (Ct. App. 1999) (holding that "the scope of the officer's inquiry, or the line of questioning, may be broadened beyond the purpose for which the person was stopped only if additional suspicious factors come to the 2002See State v. Griffith, 2000 WI 72 , 236 Wis. 2d 48 , 613 N.W.2d 72 (noting that a reasonable seizure can become an unreasonable one if the officer's investigation extends beyond that which is related to the purpose of the stop, but holding that mere identification questions asked of a passenger do not malee a seizure unreasonable); State v. Betow, 226 Wis. 2d 90, 94 , 593 N.W.2d 499 (Ct. App. 1999) (holding that "the scope of the officer's inquiry, or the line of questioning, may be broadened beyond the purpose for which the person was stopped only if additional suspicious factors come to the | 1 | 2002–2002 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.