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State v. Delange5/13/2004
Officer Craig Rasmussen testified that at about 12:44 a.m. on October 27, 2000, he received a call from dispatch informing him that an unidentified caller had reported hearing "screaming in the woods" near the 2100 block of North Dewey Avenue in Reedsburg, Wisconsin. The caller said that the screaming sounded as if someone were hurt. Officer Rasmussen then proceeded to the area described in the call, driving northbound on North Dewey. Dispatch then informed Rasmussen that the caller said that a vehicle just left the wooded area, proceeded south on North Dewey, and was past the hospital southbound. The caller further stated that the car was a four-door, midsize car.
. Officer Rasmussen testified about the physical layout of North Dewey Avenue. He explained that, when proceeding northbound on North Dewey Avenue, you would be going up a hill and would be able to see for quite a distance. Officer Rasmussen testified that, as he continued northbound, he saw one set of headlights coming toward him in the southbound lane of North Dewey. DeLange's car was approximately five to six blocks past the woods and four to five blocks past the hospital. Officer Rasmussen observed that the car was a midsize, four-door. The officer activated his lights, made a U-turn, and pulled the car over. The stop led to evidence of intoxicated driving, and the officer issued DeLange citations for operating a motor vehicle while under the influence and operating with a prohibited alcohol content, both as a second offense. During the time that Rasmussen approached the Dewey Avenue location, he did not see any other cars pass him going south on North Dewey Avenue from the woods. Rasmussen testified that DeLange's car was the only car on the street that was leaving that area.
. DeLange moved the court to suppress all evidence obtained pursuant to the stop on the ground that the stop was not supported by reasonable suspicion. After a hearing, the motion was denied. DeLange then pled no contest.
. DeLange filed for post-conviction relief, requesting the court to vacate the judgment and reverse its order on the motion to suppress on the ground that his trial counsel was ineffective. A Machner hearing was held, after which DeLange's post-conviction motion was denied. DeLange now appeals the judgment of conviction and the order denying his post-conviction motion.
Discussion
. "A trial court's determination of whether undisputed facts establish reasonable suspicion justifying police to perform an investigative stop presents a question of constitutional fact, subject to de novo review." State v. Sisk, 2001 WI App 182, , 247 Wis. 2d 443, 634 N.W.2d 877. A law enforcement officer may lawfully conduct an investigatory stop if, based upon the officer's experience, he or she reasonably suspects "`that criminal activity may be afoot.'" State v. Williams, 2001 WI 21, , 241 Wis. 2d 631, 623 N.W.2d 106 (quoting Terry v. Ohio, 392 U.S. 1, 30 (1968)). "The question of what constitutes reasonable suspicion is a common sense test: under all the facts and circumstances present, what would a reasonable police officer reasonably suspect in light of his or her training and experience." State v. Young, 212 Wis. 2d 417, 424, 569 N.W.2d 84 (Ct. App. 1997).
. In determining whether a Terry stop was lawfully conducted pursuant to an anonymous tip, our supreme court has stated:
The totality-of-the-circumstances approach views the quantity and the quality of the information as inversely proportional to each other. "Thus, if a tip has a relatively low degree of reliability, more information will be required to establish the requisite quantum of suspicion than would be required if the tip were more reliable.
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