WI: Holding def’s DL without RS made the stop unreasonable while drug dog was summoned

“On the certified question, we conclude that the answer depends on the totality of circumstances surrounding an encounter. Further, while VanBeek was not seized when Officer Oetzel took her driver’s license to run a records check, VanBeek was seized when Oetzel returned to her vehicle, withheld her driver’s license and continued to question her and her passenger in order to hold her until a drug-sniff dog, i.e., the K9 unit, that he had requested arrived. Finally, we conclude that the seizure was unlawful because, based on the totality of circumstances, Oetzel did not have reasonable suspicion that VanBeek was engaged in criminal activity at the time he seized her. Accordingly, we reverse the circuit court’s judgment of conviction and remand with instruction to grant VanBeek’s motion to suppress.” State v. Vanbeek, 2021 WI 51, 2021 Wisc. LEXIS 85 (June 4, 2021).

The officer here watched defendant stop in front of a house at 3:36 am and turn off the lights. A person in the house came out to the car, got in, and got out in 10-15 seconds. There was reasonable suspicion of a drug transaction justifying a stop. State v. Genous, 2021 WI 50, 2021 Wisc. LEXIS 72 (June 4, 2021).*

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