Matching a Very Vague Description Is Not Reasonable Suspicion

In a victory for defendant's rights, the Wisconsin Supreme Court reversed an appeals court's affirmation of a lower court denial of a motion to suppress the seizure of evidence based on an illegal traffic stop. In State v. Richey, the Court found that the officer did not have reasonable suspicion to initiate the traffic stop that led to the evidence that supported an OWI charge (the defendant's alleged eighth offense). Accordingly, the defendant's conviction was overturned.



A police officer spotted a Harley Davidson motorcycle traveling erratically and speeding. The officer put the call out to other officers to be on the lookout for the motorcycle. Five minutes later, and a half mile away, another officer saw a Harley Davidson that was registered to the defendant. The officer did not see the motorcycle speeding or traveling erratically. However, an officer believed the motorcycle to be the same one described in the other officer’s report and performed a traffic stop. At the scene, the officer developed evidence that supported an OWI. The motorcyclist moved to suppress the evidence because the officer lacked reasonable suspicion of a crime, which is the standard that an officer must meet to make an investigatory stop. Initially, the conviction was affirmed because the defendant was driving a Harley in the same general area as the report. 

There Was No Particularized Description That Supported Reasonable Suspicion

Here, the Court held that the officer did not have reasonable suspicion to stop Richey in the first place. Although the police officer suspected that Richey's motorcycle was the same one that was the subject of the report, the suspicion was not particularized. The officer had a very general description of the Harley. Seeing a Harley - and one whose driver was not breaking any traffic laws - was not reasonable suspicion in itself to stop Richey. There was no model, license plate number, year, or anything else. There was just a report of a Harley, and Richey was driving a Harley. Just driving a Harley in the same general area was not particularized enough to rise to the level of reasonable suspicion. Just describing a bike as a Harley could apply to many different riders. If Richey had displayed any evidence of erratic driving, the result may have been different. Here, he seemed to be doing nothing wrong other than just driving a Harley. 

Contact an Eau Claire Criminal Defense Attorney Today

A conviction is not an automatic result after an OWI. When a lawyer tells you that you may have an opening to fight the charges, they could be describing a situation similar to Richey’s in which the officer had no basis to make the traffic stop. Do not plead guilty just to resolve the case. Instead, you should check with an experienced attorney to see whether you may have a strong defense. If you have been charged with OWI, contact the Cohen Law Offices online or call us today at 715-382-9447 to schedule a free initial consultation.