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815 N.W.2d 349
Wis.
2012
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Background

  • Marinette County Sheriff's Department stopped Miller's vehicle (Kowalski's black Ford Explorer) on August 20, 2008 on suspicion of drug activity.
  • Police had multiple informants: Manicor (inmate) claimed Miller sold drugs; three Crime Stoppers tips; a final informant provided identifying details and phone contact.
  • Final informant predicted Miller would return from Milwaukee driving Kowalski's Explorer along Highway 41 around 11:00 p.m., with specific vehicle details.
  • Police confirmed Kowalski's Explorer and license plate 712 NNE and monitored route back toward Marinette County.
  • Prior tips were of limited reliability, but the circuit court noted Miller had a prior drug paraphernalia conviction and considered prior tips in the totality analysis.
  • Search following the stop yielded marijuana, cocaine, a digital scale, cash; Miller admitted using heroin that morning.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether tips plus corroboration gave reasonable suspicion Miller Miller Yes; reasonable suspicion found

Key Cases Cited

  • State v. Williams, 241 Wis. 2d 631 (2001 WI 21) (two-step reasonable-suspicion review; reliability of informants matters)
  • State v. Rutzinski, 241 Wis. 2d 729 (2001 WI 22) (informant reliability and traceability support reasonable suspicion)
  • Florida v. J.L., 529 U.S. 266 (2000) (anonymous tip with minimal corroboration lacks reasonable suspicion)
  • Alabama v. White, 496 U.S. 325 (1990) (anonymous tip with corroboration can support reasonable suspicion)
  • White, 496 U.S. 325 (1990) (anonymous tip with significant corroboration can suffice)
  • Richardson, 156 Wis. 2d 128 (1990) (anonymous tip with significant details and predictions upheld)
  • Sherry, 2004 WI App 207 (2004) (anonymous Crime Stoppers tip with significant details upheld)
  • Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion standard for investigatory stops)
  • J.L. v. Florida, 529 U.S. 266 (2000) (limits on anonymous tips without corroboration)
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Case Details

Case Name: State v. Miller
Court Name: Wisconsin Supreme Court
Date Published: Jun 12, 2012
Citations: 815 N.W.2d 349; 2012 WI 61; 2012 WL 2106533; 341 Wis. 2d 307; 2012 Wisc. LEXIS 357; No. 2010AP557-CR
Docket Number: No. 2010AP557-CR
Court Abbreviation: Wis.
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    State v. Miller, 815 N.W.2d 349