WI: Community caretaking stop couldn’t be expanded without RS

Where defendant was stopped under the community caretaking function, expanding the stop without further justification was unreasonable. Here, it was because the officer thought defendant may have been driving while sleepy, but the stop was extended. State v. Wiskowski, 2024 WI 23, 2024 Wisc. LEXIS 204 (June 18, 2024).

“The record does not support Black’s claim that he was in custody during the ‘escalation’ of his traffic stop. Black was not restrained while he was outside of his vehicle. The officers asked Black short and succinct questions to address Officer Saffold’s concerns about the smell of marijuana. Black points to Officer Saffold’s testimony at trial that Black was not free to leave. However, the traffic stop was still ongoing when Black made his statement. Black has not shown how his stop was more coercive than an ordinary traffic stop or Terry stop.” Black v. State, 2024 Miss. App. LEXIS 268 (June 18, 2024).*

Defense counsel on appeal wasn’t ineffective for not raising an unmeritorious Fourth Amendment claim. Scofield v. United States, 2024 U.S. App. LEXIS 14846 (6th Cir. June 18, 2024).*

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