When a person who is temporarily detained for investigation pursuant to a Terry, 392 U.S. 1 (1968), stop is then moved to another location, courts conduct a two-part inquiry: 1) was the person moved within the vicinity of the stop; and 2) was the purpose in moving the person within the vicinity reasonable? Ten miles is too distant a transportation to be within the vicinity so long as the temporary detention is supported by no more than a reasonable suspicion. In order for the transporting of a defendant to a hospital that was not in the vicinity of the stop to have been lawful, it must have been supported by probable cause to arrest or by a reasonable exercise of the community caretaker function. State v. Blatterman, 2015 WI 46, 362 Wis. 2d 138, 864 N.W.2d 26, 13-2107. Nervousness, anxiety, and tremors are consistent with methamphetamine use. These characteristics may also have innocent explanations. That innocent explanations may exist for observed behavior does not preclude a finding of reasonable suspicion, but as a practical matter, police cannot expect to conduct field sobriety tests on every motorist who is shaking and nervous when stopped by an officer. State v. Hogan, 2015 WI 76, 364 Wis. 2d 167, 868 N.W.2d 124, 13-0430. Reasonable suspicion that a traffic law has been or is being violated is sufficient to justify all traffic stops. An objectively reasonable mistake of law by a police officer can form the basis for reasonable suspicion to conduct a traffic stop. State v. Houghton, 2015 WI 79, 364 Wis. 2d 234, 868 N.W.2d 143, 13-1581. The defendant had no reasonable expectation of privacy in text messages that the defendant had sent to and were stored in another person’s cell phone. Once the defendant sent the messages, the defendant had no control over whether the recipient saved them, deleted them, forwarded them to others, or shared their content in any way. This lack of control over what was done with the text message and lack of any right to exclude others from reading it were key in the determination that the defendant did not have an objectively reasonable expectation of privacy in the text messages stored in the other person’s phone. State v. Tentoni, 2015 WI App 77, 365 Wis. 2d 211, 871 N.W.2d 285, 14-2387. The statement in Popke, 2009 WI 37, that a police officer may “conduct a traffic stop when, under the totality of the circumstances, he or she has grounds to reasonably suspect that a crime or traffic violation has been or will be committed,” did not purport to circumscribe the universe of possible scenarios within which traffic stops permissibly may occur, or to make such limits contingent on whether the legislature has titled a particular law a “traffic regulation.” A reasonable suspicion that a violation of the littering statute, s. 287.81, a non-traffic civil forfeiture offense, had occurred justified a brief and limited traffic stop. The more onerous standard of probable cause would also therefore justify a traffic stop. State v. Iverson, 2015 WI 101, 365 Wis. 2d 302, 871 N.W.2d 661, 14-0515. In Jardines, 569 U.S. 1 (2013), the U.S. Supreme Court confirmed that the curtilage of a person’s home remains a constitutionally protected area without consideration of whether a reasonable expectation of privacy exists. The Wisconsin Supreme Court has adopted four factors set forth in Dunn, 480 U.S. 294 (1987), relevant to conducting an analysis of whether an area constitutes curtilage of a home: 1) the proximity of the area claimed to be curtilage to the home; 2) whether the area is included within an enclosure surrounding the home; 3) the nature of the uses to which the area is put; and 4) the steps taken by the resident to protect the area from observation by people passing by. These factors did not weigh in favor of curtilage designation when applied to the parking garage located beneath the defendant’s apartment building. State v. Dumstrey, 2016 WI 3, 366 Wis. 2d 64, 873 N.W.2d 502, 13-0857. There was no reasonable expectation of privacy in the defendant’s parking garage located beneath a 30-unit apartment building such that it warranted 4th amendment protection against warrantless entry for arrest. The relevant test is: 1) whether the person exhibits an actual, subjective expectation of privacy in the area; and 2) whether society is willing to recognize such an expectation as reasonable. In making this determination a six-factor test is applied. State v. Dumstrey, 2016 WI 3, 366 Wis. 2d 64, 873 N.W.2d 502, 13-0857. A warrantless blood sample may be justified even when an inferior form of evidence may be available. The fact that morphine remains in the body for several hours after the ingestion of heroin does not mean that it would be unreasonable for an officer to believe that taking the time to obtain a search warrant in this case risked destruction of evidence of heroin use. That the defendant never used a car in this case did not elevate the defendant’s privacy interests to such heights as to render any warrantless blood draw under exigent circumstances unreasonable. State v. Parisi, 2016 WI 10, 367 Wis. 2d 1, 875 N.W.2d 619, 14-1267. A blood draw from the defendant under s. 343.305 while the defendant was unconscious was permissible under the 4th amendment under the exigent circumstances doctrine when a deputy had probable cause to arrest the defendant for operating a vehicle with a prohibited alcohol concentration. State v. Howes, 2017 WI 18, 373 Wis. 2d 468, 893 N.W.2d 812, 14-1870. Under Purtell, 2014 WI 101, when a condition of probation prohibits the possession of a certain item, and the subject of the search knowingly breaks that condition, in most situations a probation agent would presumably have reasonable grounds to search the contents of the item. Purtell tells us that as long as there are “reasonable grounds” to believe a probationer has contraband, a probation agent will almost always have the right to search the contraband itself without a warrant. State v. Keller, 2017 WI App 19, 374 Wis. 2d 325, 893 N.W.2d 276, 16-0500. When a probation agent lawfully seized a contraband computer from a probationer but did not have the ability to examine the contents of the contraband and requested the assistance of an analyst at the division of criminal investigation, independent from any law enforcement investigation, so as to examine the contents of the computer, based upon the rationale set forth in Purtell, 2014 WI 101, and Devries, 2012 WI App 119, the search was not a police search. State v. Keller, 2017 WI App 19, 374 Wis. 2d 325, 893 N.W.2d 276, 16-0500. In cases involving warrantless community caretaker impoundments, the fundamental question is the reasonableness of the seizure. The absence of standard criteria does not by default render a warrantless community caretaker impoundment unconstitutional under the 4th amendment reasonableness standard, nor does an officer’s lack of adherence to standard criteria, if they exist, automatically render such impoundments unconstitutional. Under the reasonableness standard, an officer’s discretion to impound a car is sufficiently cabined by the requirement that the decision to impound be based, at least in part, on a reasonable community caretaking concern and not exclusively on the suspicion of criminal activity. State v. Asboth, 2017 WI 76, 376 Wis. 2d 644, 898 N.W.2d 541, 15-2052. The danger inherent to traffic stops authorizes an officer to take certain negligibly burdensome precautions in order to complete the mission safely. When after writing traffic citations, the officer returned to the defendant’s car and asked the defendant to submit to a search, this request did not extend the stop beyond its permissible duration. Because the request related to officer safety and was negligibly burdensome, it was part of the traffic stop’s mission and so did not cause an extension. Whatever additional time the actual search consumed, or the burden it imposed, was irrelevant so long as the defendant consented to it. State v. Floyd, 2017 WI 78, 377 Wis. 2d 394, 898 N.W.2d 560, 15-1294. See also State v. Brown, 2020 WI 63, 392 Wis. 2d 454, 945 N.W.2d 584, 17-0774. A court is not bound by an officer’s subjective reasons for a search. That a search was going to happen pursuant to law enforcement agency policy is not controlling. Rather, the question is whether the search itself was constitutionally permissible as an objective matter. The officer in this case had reasonable suspicion to search for weapons. One who reacts to a question by quieting down, becoming deflated, and responding demurely does so for a reason. A reasonably prudent officer seeing this response to a question about weapons would be suspicious and wonder if the answer was truthful. An abnormal nervousness or unusual response to interaction with law enforcement is a relevant factor in whether a person is armed and dangerous. State v. Nesbit, 2017 WI App 58, 378 Wis. 2d 65, 902 N.W.2d 266, 16-0224. In Hughes, 2000 WI 24, the supreme court held that exigent circumstances exist when there is a strong odor of marijuana emanating from a residence and occupants simply become aware of police outside the door. An officer could reasonably believe that a juvenile who is attempting to flee from a residence when officers are on the property and the odor of burning marijuana is in the air is more likely to also attempt to prevent evidence from being discovered by the police, including through the destruction of such evidence. State v. Torres, 2017 WI App 60, 378 Wis. 2d 201, 902 N.W.2d 543, 16-1061. Under Edmond, 531 U.S. 32 (2000), generally, a search or seizure will be deemed unreasonable in the absence of individualized suspicion of wrongdoing. However, there are limited circumstances when special law enforcement concerns justify highway stops without individualized suspicion, such as when a suspicionless search is designed to serve special needs, beyond the normal need for law enforcement. The factors for determining reasonableness are the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty. If the public interest aspects of the first two factors are not outweighed by the 4th amendment protections represented by the third factor, the protections offered by the 4th amendment are not violated. State v. Scott, 2017 WI App 74, 378 Wis. 2d 578, 904 N.W.2d 125, 16-1742. Because a traffic stop’s mission includes the ordinary inquiries, such as checking a driver’s license, an officer who lawfully stops a vehicle should be able to complete that mission even if the reason for the traffic stop ended during the officer’s walk to the stopped vehicle. Ordinary inquiries incident to the traffic stop include: checking the driver’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance. State v. Smith, 2018 WI 2, 379 Wis. 2d 86, 905 N.W.2d 353, 15-0756. A police officer’s act of opening a vehicle’s passenger door in order to effectively communicate with a driver otherwise inaccessible due to the malfunctioning driver’s door and window when the defendant appeared to be cooperating and moving toward the passenger seat, and seemed to be trying to open the passenger door, did not constitute an unreasonable search. The officer’s actions, viewed objectively, would warrant a person of reasonable caution to believe the action taken was appropriate. State v. Smith, 2018 WI 2, 379 Wis. 2d 86, 905 N.W.2d 353, 15-0756. Despite the defendant passing field sobriety tests and the officer apparently concluding that the defendant was not impaired due to alcohol, the officer, quite reasonably, believed there was “something else going on,” though the officer did not know if it was a medical issue or a drug issue. From the totality of the circumstances, a reasonable inference of wrongful conduct—that the defendant had driven while under the influence of a drug or drugs—could be objectively discerned, and thus the officer had the right to continue the temporary detention of the defendant for further investigation. State v. Rose, 2018 WI App 5, 379 Wis. 2d 664, 907 N.W.2d 463, 16-2257. Under Payton, 445 U.S. 573 (1980), police may enter a residence pursuant to an arrest warrant if the facts and circumstances present the police with a reasonable belief that: 1) the subject of the arrest warrant resides in the home; and 2) the subject of the arrest warrant is present in the home at the time entry is effected. State v. Delap, 2018 WI 64, 382 Wis. 2d 92, 913 N.W.2d 175, 16-2196. A search occurs when a convicted recidivist sex offender who has completed the offender’s sentence is required to attach a monitoring device to the offender’s body to track the offender’s movements. The reasonableness of a search depends upon the totality of the circumstances, including the nature and purpose of the search and the extent to which the search intrudes upon reasonable privacy expectations. Under the totality of the circumstances, given the diminished nature of a defendant’s privacy interest and the state’s particularly strong interest in reducing recidivism through the information collected by the tracking device, the global positioning system tracking requirement for convicted sex offenders is reasonable under the 4th amendment. Kaufman v. Walker, 2018 WI App 37, 382 Wis. 2d 774, 915 N.W.2d 193, 17-0085. The 4th amendment’s special needs doctrine applies to s. 301.48. The global positioning system (GPS) tracking program effectively serves the recognized special needs of deterring future crimes and gathering information needed to solve them. The state’s interest in accomplishing these special needs in the context of sex crimes outweighs sex offenders’ diminished privacy expectations. Kaufman v. Walker, 2018 WI App 37, 382 Wis. 2d 774, 915 N.W.2d 193, 17-0085. Under Birchfield, 579 U.S. 438 (2016), it is impermissible to impose criminal penalties for refusing to submit to a warrantless blood draw. A lengthier jail sentence is a criminal penalty. Therefore, the circuit court in this case violated Birchfield by explicitly subjecting the defendant to a more severe criminal penalty because the defendant refused to provide a blood sample absent a warrant. State v. Dalton, 2018 WI 85, 383 Wis. 2d 147, 914 N.W.2d 120, 16-2483. The expectation of privacy in digital files is governed by the same standards as the expectation of privacy in physical property. There is no reasonable expectation of privacy in digital files that are publicly shared on a peer-to-peer network, including when law enforcement uses non-publicly available softwear and geolocation services based on a publicly available internet protocol (IP) address to discover the files and locate the defendant. State v. Baric, 2018 WI App 63, 384 Wis. 2d 359, 919 N.W.2d 221, 17-0185. Whether consent is verbal or inferred from one’s actions, consent must be unequivocal and specific. Leading an officer to the threshold of an apartment and then entering the apartment and closing the door does not imply consent for the officer to enter the apartment. The standard for measuring the scope of a suspect’s consent under the 4th amendment is that of objective reasonableness—what the typical reasonable person would have understood by the exchange between the officer and the suspect. State v. Reed, 2018 WI 109, 384 Wis. 2d 469, 920 N.W.2d 56, 16-1609. Generalized concerns for safety and risk of flight are not enough to give rise to exigent circumstances. The test is whether there are objective facts known to the officer that would reasonably lead the officer to believe that the delay caused by obtaining a warrant would gravely endanger life or greatly enhance the likelihood of the subject’s escape. State v. Reed, 2018 WI 109, 384 Wis. 2d 469, 920 N.W.2d 56, 16-1609. The 4th amendment tolerates certain investigations that are outside the scope of the mission of a traffic stop, so long as the investigations do not measurably extend the duration of the stop. When the officer questioned the defendant on whether the defendant had a valid concealed carry permit, although the questioning and a permit check were outside the mission of the traffic stop, they did not violate the 4th amendment because they did not measurably extend the duration of the stop and were conducted concurrently with mission-related activities. State v. Wright, 2019 WI 45, 386 Wis. 2d 495, 926 N.W.2d 157, 17-2006. See also State v. Brown, 2020 WI 63, 392 Wis. 2d 454, 945 N.W.2d 584, 17-0774. An anonymous informant is considered reliable if police are able to corroborate details in the informant’s tip. In this case, the record contained no information indicating the informant’s identity or whether the informant had provided reliable information to police in the past, but, because the tips were corroborated, the court did not discount them entirely in its analysis. Accordingly, the corroborated tips of the unnamed informant in this case could be considered in the analysis of the totality of the circumstances, giving them such weight as they were due. State v. Anderson, 2019 WI 97, 389 Wis. 2d 106, 935 N.W.2d 285, 17-1104.