State v. Goyer, 89-1453-CR
| Decision Date | 01 August 1990 |
| Docket Number | No. 89-1453-CR,89-1453-CR |
| Citation | 157 Wis.2d 532,460 N.W.2d 424 |
| Parties | STATE of Wisconsin, Plaintiff-Appellant, v. John L. GOYER, Defendant-Respondent. d |
| Court | Wisconsin Court of Appeals |
Stephen J. Centinario, Jr., Asst. Dist. Atty., for plaintiff-appellant.
Richard H. Bussler, Jr. of Polidori & Bussler, Milwaukee, for defendant-respondent.
Before NETTESHEIM, P.J., and BROWN and SCOTT, JJ.
The state appeals from an order granting John L. Goyer's motion to dismiss three counts of battery to a police officer, sec. 940.20(2), Stats. We reverse.
The issue is whether the fourth amendment permits a police officer investigating a possible crime to physically restrain, without an arrest, a person who walks away from the officer's investigation. We hold that a police officer does not violate the fourth amendment's protection against unreasonable seizure in this situation, so long as an objective view of all the circumstances shows that the officer was conducting a legitimate investigatory stop and that the officer had not completed the investigation.
On June 10, 1989, at approximately 11:00 p.m., Officer Brian Gasse investigated a homeowner's complaint that a vehicle had crashed into a tree in the homeowner's yard. A pickup truck had its tailgate smashed against a tree approximately ten feet off the roadway in the yard of the complainant. The officer noted that the keys were in the ignition, the engine was still running, the headlights were on, and a partially emptied bottle of beer was in the truck.
While Officer Gasse was running a registration plate check to determine the owner of the truck, a woman carrying a child came from the house across the street. Officer Gasse detected an odor of intoxicants on her breath and noted that her speech was slurred and her balance unsteady. He asked the woman if she knew who was the owner of the truck. She said that it belonged to her husband, that he had been in the truck earlier but had not been driving it, and that he was in the house across the street. During the discussion with the woman, the police dispatcher informed Officer Gasse that the vehicle was registered to John Goyer.
At that point Goyer came out of the house across the street and walked over to Officer Gasse. Officer Gasse asked Goyer for his driver's license, but Goyer did not have the license with him. Then Officer Gasse asked Goyer to identify himself verbally. Goyer became boisterous and challenged the officer's right to question him, but did say that he was the owner of the pickup truck.
Officer Gasse detected a strong odor of intoxicants on Goyer's breath and noted that Goyer had bloodshot eyes, slurred speech and unsteady balance. In response to the officer's second request that he identify himself, Goyer directed abusive and profane language at the officer. However, he identified himself as John L. Goyer.
Goyer continued to respond in an angry, abusive, and profane way to each of the officer's questions about how the truck had gotten there and why the keys were in the ignition. After several of these exchanges, Goyer indicated he would not stay there for any more questions by Officer Gasse. He also said he was going to get his attorney, turned away from the officer, and started to run toward the house across the street. Officer Gasse told him to stop. Goyer turned around and directed a profane gesture accompanied by more abusive and profane language at Officer Gasse. Again Officer Gasse told Goyer to stop. When Goyer continued to run away, Officer Gasse chased him and caught him in the driveway of the house across the street.
Officer Gasse made several efforts to detain Goyer by grabbing the defendant's arm and telling him to stop. Each time Goyer yanked the officer's hand off his arm and directed abusive language at the officer. After the third time that Officer Gasse grabbed his arm, Goyer punched the officer. When Officer Gasse continued to chase him, Goyer punched the officer a second time. Officer Gasse then informed Goyer that he was under arrest and radioed for assistance. Goyer punched and kicked Officer Gasse again, and punched or kicked each of the assisting officers before they were able to handcuff him.
Goyer was charged with three counts of battery to a peace officer, sec. 940.20(2), Stats., and one count of resisting arrest, sec. 946.41(1), Stats. He filed a motion to dismiss and the trial court granted the motion holding that, although Officer Gasse was acting in his official capacity, he acted unreasonably.
The state argues that Officer Gasse's action of grabbing Goyer's arm after Goyer walked away from the investigation passed the fourth amendment test of reasonableness. When the issue on appeal is a constitutional question, the reviewing court conducts an independent examination of the circumstances of the case. State v. Goebel, 103 Wis.2d 203, 209, 307 N.W.2d 915, 918 (1981).
The initial questioning of Goyer by Officer Gasse occurred during a consensual encounter which Goyer initiated. No fourth amendment issue arises in a consensual encounter because no seizure has occurred. A...
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State v. Johnson, 2015AP1322–CR.
...” (citation omitted)), an officer may physically restrain an individual to continue an investigation, see State v. Goyer, 157 Wis.2d 532, 538, 460 N.W.2d 424 (Ct.App.1990). An officer may also transport a suspect to the scene of a traffic violation during the course of the temporary investi......
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State v. Davis
...show that the investigation has not yet been completed, a suspect does not have the right to terminate it. State v. Goyer, 157 Wis.2d 532, 537, 460 N.W.2d 424, 426 (Ct. App. 1990). Nitzsche was thus reasonably justified when he positioned himself to prevent Davis from fleeing the scene, bec......
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City of Watertown v. Busshardt
...may be said to have an "articulable suspicion that the person has committed or is about to commit a crime." State v. Goyer, 157 Wis.2d 532, 536, 460 N.W.2d 424, 425-26 (Ct.App.1990). 1 If such a suspicion may be said to exist, the person may be temporarily stopped and detained to allow the ......
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State v. Lombrano
...mean little if the officer could not restrain a suspect who attempts to walk away from the investigation.” See State v. Goyer, 157 Wis.2d 532, 538, 460 N.W.2d 424 (Ct.App.1990).¶ 25 We turn to the claim that the “plain touch” doctrine did not justify seizing the shotgun in Lombrano's backpa......