837 N.W.2d 645
Wis. Ct. App.2013Background
- Officer Hoell stopped House for operating with a suspended registration and retrieved House's license, issuing a warning.
- Hoell testified the stop was completed when the warning was given, but House would not have felt free to leave.
- Hoell fetched his drug-detection dog and sniffed the car within a minute after the warning.
- Dog indicated odor of controlled substances on the driver's and passenger doors; interior search followed.
- A bag of marijuana was found in the trunk; House was arrested for possession of a controlled substance.
- House moved to suppress, arguing the marijuana was obtained during an unlawful seizure; suppression motion denied; jury hung; House pled no contest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether detention after license return and warning was lawful | House contends stop ended and further detention was unlawful | Hoell argues sniff was within the stop's scope and justified | Detention unlawful; seizure extended beyond stop’s purpose |
Key Cases Cited
- State v. Arias, 311 Wis. 2d 358 (Wis. 2008) (dog sniff not a search but may prolong seizure when beyond stop)
- State v. Betow, 226 Wis. 2d 90 (Ct. App. 1999) (probative limits of stop and dog sniff)
- State v. Gammons, 2001 WI App 36, 241 Wis. 2d 296 (Wis. Ct. App. 2001) (continued detention after stop to search)
- State v. Jones, 2005 WI App 26, 278 Wis. 2d 774 (Wis. Ct. App. 2005) (traffic stop ends with warning/return of IDs)
- Florida v. Royer, 460 U.S. 491 (U.S. Supreme Court 1983) (scope of investigative detention; duration must be limited to stop purpose)
- Illinois v. Caballes, 543 U.S. 406 (U.S. Supreme Court 2005) (dog sniff during ongoing traffic stop not a search)