State v. Young

In State v. Young (2006) 294 Wis.2d 1 [717 N.W.2d 729], the Wisconsin Supreme Court upheld the validity of a detention under similar circumstances. In that case a police officer had observed suspicious behavior and the suspect had twice failed to comply with an order to get back in his vehicle. "I ordered him back into the vehicle. He turned and started walking away from the vehicle. I then yelled louder. I said, 'Get back in that car right now.' And I started heading toward him around my squad car. He turned and looked at me and started running . . . ." (Id. at p. 13.) The Wisconsin Supreme Court observed: "One might argue that at the moment the suspect exited the car, a reasonable officer in the officer's position would have had no way of knowing what the person intended. The officer's first order for the suspect to return to the car may be viewed as a reasonable attempt to clarify the ambiguity in his conduct. It is also a standard tactic for police officer safety. Once the suspect disregarded the command and began to flee, the officer had reasonable suspicion to stop him." (Id. at p. 39.)