State v. Brown
827 N.W.2d 903
Wis. Ct. App.2013Background
- Brown, a felon on extended supervision, was stopped July 3, 2010 for a purported defective tail light and a revolver was found during a search.
- The stop led to Brown’s felony firearm possession charge; he had been under an armed robbery-related extended supervision in Milwaukee County.
- Brown moved to suppress the firearm, arguing lack of probable cause or reasonable suspicion and improper warrantless search.
- Circuit court denied suppression, crediting the officers’ belief that a tail light was out and that this justified the stop.
- During plea proceedings Brown admitted guilt; he was sentenced January 28, 2011 to five years (three in confinement, two on extended supervision) concurrent with his revocation sentence.
- Brown sought postconviction relief arguing suppression error and seeking 209 days’ sentence credit; the court granted 195 days credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by probable cause to seize Brown’s vehicle? | Brown | Brown | Stop lacked probable cause; reversal |
| Did Brown receive correct sentence credit for time in custody before sentencing? | Brown | Brown | Remand unnecessary because conviction reversed; issue not reached |
Key Cases Cited
- State v. Popke, 317 Wis. 2d 118, 765 N.W.2d 569 (Wis. 2009) (traffic stops require reasonable suspicion or probable cause; constitutional fact review)
- State v. Longcore, 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999) (stop predicated on mistaken belief about taillight violation cannot justify stop)
- A.O. Smith Corp. v. Allstate Ins. Cos., 222 Wis. 2d 475, 588 N.W.2d 285 (Ct. App. 1998) (issues not raised on appeal deemed abandoned)