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3. Frisks

Stop, frisk for weapons justified

State v. Marcellous D. Tally-Clayborne, 2016AP1912-CR, District 1, 10/17/17 (one-judge decision; ineligible for publication); case activity (including briefs) Tally-Clayborne challenges his carrying a concealed weapon conviction, arguing he was unlawfully stopped, detained and searched because police had no information suggesting he was involved in any illegal activity. The court of appeals holds both the stop and pat-down… Read More

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State v. Michael J. Mansfield, 2016AP2423-CR, 10/3/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Mansfield argued police didn’t have reasonable suspicion to detain him based on a tip from an anonymous Turtle Lake Casino employee. The court of appeals holds the tipster should be treated as a citizen informant and, under the… Read More

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State v. Kavin K. Nesbit, 2017 WI App 58; case activity (including briefs) Nesbit ran out of gas on I 94. He and his buddy were walking on the shoulder, red can in hand, to get gas when Deputy Fowles pulled up and told them he’d give them a ride to and from the gas… Read More

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State v. Travail L. Lewis, 2017AP234-CR, 7/25/17 (1-judge opinion, ineligible for publication); case activity (including briefs) After shots were fired in a high crime area of Milwaukee, police dispatched Officer Robert Crawley (no relation to the 7th Earl of Grantham) to investigate. He and his partner saw Lewis (African American) walking down an alley holding… Read More

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State v. Janaya L. Moss, 2016AP1856-CR, 7/25/17 (1-judge decision; ineligible for publication); case activity (including briefs) Moss and another woman had a fight in a bar; responding police found Moss intoxicated to the point of incoherence. They arrested the other woman and frisked her, but could not find any identification (she would give only a… Read More

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Review of a published court of appeals decision, 2016 WI App 64; case activity (including briefs) Issues (from petition for review): Whether an officer’s justification to search is objectively reasonable where the suspect is not observed doing or saying anything suspicious, but cooperating in circumstances that the officer believes are suspicious? Whether counsel provided ineffective assistance… Read More

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State v. Steve C. Deterding, 2015AP195-CR, 3/10/16, District 3 (not recommended for publication); case activity (including briefs) A police officer lawfully removed the object he felt in Deterring’s pants pocket during a lawful pat-down for weapons. After reports of a vehicle driving erratically and striking a barrier wall on an Interstate highway, an officer located the vehicle… Read More

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State v. David M. Wagner, 2014AP842-CR, District 2, 2/25/15 (one-judge decision; ineligible for publication); case activity (including briefs) Wagner voluntarily consented to a search of his person, and was not merely “[a]cquiesc[ing] to an unlawful assertion of police authority,” State v. Johnson, 2007 WI 32, 16, 299 Wis. 2d 675, 729 N.W.2d 182, when he agreed to the… Read More

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