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3. Frisks

State v. Terrance L. Ware, 2014AP378-CR, District 1, 12/30/14 (not recommended for publication); case activity The totality of the circumstances surrounding the investigative stop of Ware’s car gave the police reasonable suspicion that Ware or his passenger was dangerous and might have access to a weapon hidden in the car, justifying a protective search of the… Read More

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State v. Terrell D. Cobbs, 2014AP501-CR, District 2, 12/17/14 (1-judge decision; ineligible for publication); case activity Police had reasonable suspicion to stop Cobbs and two companions and to conduct the pat-down search of Cobbs during which police discovered, opened, and searched Cobbs’ cigarette box, which contained marijuana. ¶8        … [U]nder the totality of the circumstances… Read More

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State v. Dartanian Lemont Lewis, 2013AP454-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity Lewis was a passenger in a car stopped for safety belt violations. During the stop he was frisked, leading to the discovery of cocaine. He argued the frisk was improper because § 347.48(2m)(gm) prohibits police from taking an… Read More

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State v. Cherry, 2012AP1137-CR; District 2, 6/19/13; (not recommended for publication); case activity Cherry was convicted of burglary and criminal damage to property, both as party to a crime.  Here’s what happened:  While investigating a residential burglary, officers saw two black men (Cherry and a companion) walking down a rural road near the scene of the crime. Their… Read More

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State v. Brian A. Gottschalk, 2012AP2351, District III (not recommended for publication).  Case activity. Wow!  Two decisions overruling the denial suppression motions in one day.  In this case, the State charged the defendant  with OWI and operating with a PAC, both as second offenses.  The defendant moved for suppression of evidence on the grounds that the… Read More

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Terry Frisk

State v. Samuel J. Jacobs, 2012AP728-CR, District 2,10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Frisk resulting in seizure of marijuana upheld where detective, investigating reported drug activity, stopped a vehicle on the pretense a headlight was out and, after questioning the driver (Jacobs) for several minutes, discerned that Jacobs had become unusually nervous… Read More

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State v. Jermaine Kennard Young, 2010AP2959-CR, District 1, 3/6/12 court of appeals decision (not recommended for publication); for Young: Robert N. Meyeroff; case activity Reasonable suspicion existed to justify investigative stop of Young, based on a tip from confidential informant that someone matching Young’s description would be at a specified time and place to sell… Read More

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State v. Damon Keith Sutton, 2012 WI App 7 (recommended for publication); for Sutton: Maayan Silver; case activity Reasonable Suspicion – “Frisk,” of Vehicle Reasonable suspicion supported “protective search” of Sutton’s van following routine traffic stop: While the officer ran a document check, Sutton remained in the van. The officer discerned “distinct rocking motions,” which… Read More

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