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ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

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ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

Postby doppel » Fri Sep 14, 2012 9:26 pm

Gus Doyle, beloved son of our former Governor, beats OWI rap. An officer saw him weaving and stopped him. "Two officers said they detected the odor of alcohol. Doyle refused field sobriety tests and blood alcohol tests."(Quoted from Wisc 3 TV)

Judge Nicholas McNamara says police did not have probable cause to arrest Gus Doyle.

The judge that dismissed the charges, Nicholas McNamara, was a Doyle appointee. What are the odds? What odds would you have had with the same circumstances?
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Re: ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

Postby Zoti Bemba » Fri Sep 14, 2012 9:40 pm

Who appointed the judge that let Randy Hopper off? Because that certainly seemed like an odd one to me.
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Re: ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

Postby Detritus » Fri Sep 14, 2012 9:44 pm

Who made the decision not to prosecute Bush II era war criminals from Cheney on down?

Uh, woops.
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Re: ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

Postby Madsci » Fri Sep 14, 2012 9:51 pm

I heard a song today on the radio (WORT). It said something about a rich man never dies in the the electric chair.
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Re: ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

Postby doppel » Fri Sep 14, 2012 9:55 pm

Zoti Bemba wrote:Who appointed the judge that let Randy Hopper off? Because that certainly seemed like an odd one to me.


Don't think it matters who the judge was. According to Wikipedia, a jury found former state senator Randy Hopper not guilty of OWI.
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Re: ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

Postby Walter » Sat Sep 15, 2012 3:06 am

Weaving alone does not constitute reasonable suspicion to make a traffic stop. Conspiracy theorists, do yourself a favor and take the rest of the weekend off.



State v. Post, 2007 WI 60
Date: 5/23/07
Case No: 2005AP2778

Issue: Traffic Stop; Reasonable Suspicion

Holding: Weaving within a single traffic lane does not alone give rise to the reasonable suspicion necessary to conduct an investigative stop of a vehicle. Reviewing courts must look to the totality of the circumstances to determine if a stop was justified.

Summary:
At approximately 9:30 PM, a police officer observed Post’s vehicle weaving “in a smooth ‘S-type’ pattern” within a single lane of traffic. The lane was approximately 22-24 feet wide because it contained a traffic lane and a parking lane. There was no line or marking delineating the traffic lane from the parking lane. The vehicle drifted approximately 10 feet from right to left within the lane. The officer further noted that Post’s vehicle was “canted,” meaning it was driving partially in the parking lane.

Both the State and Post asked the court to adopt bright-line rules supporting their positions. The State argued that weaving within a single lane, by itself, provides the requisite reasonable suspicion for a stop. In contrast, Post argued that movements within a lane must be erratic, unsafe, or illegal to give rise to the reasonable suspicion to justify an investigatory stop. The Wisconsin Supreme Court rejected both bright-line rules.

In reaching its decision, the court reaffirmed “the well-established principle that reviewing courts must determine whether there was reasonable suspicion for an investigative stop based on the totality of the circumstances.” The court relied on State v. Waldner, where the defendant drove slowly, paused at an intersection without a stoplight or sign, accelerated quickly, and poured liquid and ice from a cup. 206 Wis. 2d 51, 556 N.W.2d 681 (1996). While each of the facts alone might have been insufficient to provide reasonable suspicion, cumulatively they were sufficient to support an inference that the driver was driving while intoxicated.

Similarly, the court looked to the totality of the circumstances in Post’s case. It explained that the incident took place at night; Post’s car was canted into the parking lane, was not in the designated traffic lane, and weaved in a discernable S-type pattern. Here, the totality of the circumstances presented specific and articulable facts giving rise to the reasonable suspicion necessary for an investigative stop. Accordingly, the stop did not violate Post’s constitutional right to be free from unreasonable searches and seizures.

Thus, the Wisconsin Supreme Court held that weaving within a single traffic lane does not alone give rise to the reasonable suspicion necessary to conduct an investigative stop. However, under the totality of the circumstances here, the officer presented specific and articulable facts, which taken together with rational inferences from those facts, gave rise to the reasonable suspicion necessary for an investigative stop.
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Re: ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

Postby doppel » Sat Sep 15, 2012 8:31 am

Walter, do you have any knowledge as to the degree of Doyle's weaving? Doesn't Fitchburg have cameras in their squads? Is this a typical "weaving stop" judgement? In both of your examples explaining reasonable suspicion, the defendants were found to have been stopped with reasonable suspicion. Do you truly believe politics/paybacks had nothing to do with this decision?
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Re: ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

Postby bdog » Sat Sep 15, 2012 8:55 am

Doyle's attorney says race factored in the arrest:

But, Doyle's attorney, Lester Pines told 27 News McNamara's dismissal was appropriate. Pines says the responding officer had insufficient probable cause to stop Doyle. Pines says Doyle's stop by police was a classic case of a motorist being stopped for "driving while black."
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Re: ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

Postby peripat » Sat Sep 15, 2012 8:57 am

'Driving while black' does seem the most likely reason for the stop.
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Re: ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

Postby doppel » Sat Sep 15, 2012 9:09 am

bdog wrote:Doyle's attorney says race factored in the arrest:

But, Doyle's attorney, Lester Pines told 27 News McNamara's dismissal was appropriate. Pines says the responding officer had insufficient probable cause to stop Doyle. Pines says Doyle's stop by police was a classic case of a motorist being stopped for "driving while black."


Is that what Pines argued in court?
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Re: ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

Postby david cohen » Sat Sep 15, 2012 10:48 am

Doppel, unless you have irrefutable evidence that the judge dismissed the case against the former Governor's son because of some quid pro quo, then you're just pissing in the wind. Pretty fucking simple pal. No judge would risk his career over a first offense DWI case.
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Re: ANOTHER GOOD, FRIDAY DECISION FROM A DOYLE APPOINTEE

Postby amused2death » Sat Sep 15, 2012 3:19 pm

Speaking of pissing in the wind, how about those playing the race card without any evidence to back up that claim. I would be willing to bet that most people assumed prior to this that weaving was a reasonable reason to pull someone over.
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