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