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[T] County of Fond du Lac v. Reilly9/3/2003
of society in allowing the police a reasonable scope of action in discharging their responsibilities. Anderson, 155 Wis. 2d at 87.
. In this case, the trial court found that the specific facts of an imprudent, though not illegal, turn, the unusual acceleration, the lateness of the hour, and the unusual, though not illegal, exit of the passenger at the intersection were, considered in their totality, sufficient to support a reasonable inference that the driver might be impaired. It is only necessary that the inference be reasonable, not that it be the only possible inference or that it be more likely than not. As the Waldner court noted, " hen a police officer observes lawful but suspicious conduct, if a reasonable inference of unlawful conduct can be objectively discerned, notwithstanding the existence of other innocent inferences that could be drawn, police officers have the right to temporarily detain the individual for the purpose of inquiry." Waldner, 206 Wis. 2d at 60. The judgment is affirmed and the cause remanded with directions.
By the Court. -- Judgment affirmed and cause remanded with directions.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.
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