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h. Scope

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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Reasonable Suspicion – Frisk – Scope: Purse

State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08 For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student Issue/Holding: ¶36      In her final argument, Limon argues that when the officer opened her purse, the search exceeded the scope of a valid weapons frisk under Terry. Although Terry provides only for an officer “to… Read More

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State v. Martin D. Triplett, 2005 WI App 255 For Triplett: Syovata Edari, SPD, Milwaukee Appellate / Milwaukee Trial Issue: Whether the officer’s inability to perform an “effective” patdown permitted a further intrusion that led to the discovery of contraband. Holding: ¶12      Our supreme court has not, however, addressed the scope of a permissibleTerry search where an… Read More

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Terry Frisk – Scope, Generally

State v. Martin D. Triplett, 2005 WI App 255 For Triplett: Syovata Edari, SPD, Milwaukee Appellate / Milwaukee Trial Issue/Holding: ¶11      Despite the fact-specific nature of our analysis, we glean from the case law several useful guiding principles. First, an officer should confine his or her search “strictly to what [is] minimally necessary” to learn… Read More

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State v. Jose C. McGill, 2000 WI 38, 234 Wis. 2d 560, 609 N.W.2d 795, affirming unpublished decision For McGill: Steven P. Weiss, SPD, Madison Appellate Issue1: Whether seizing an object from the suspect’s pocket exceeded the permissible scope of a Terry frisk Holding: Because the object’s size, shape and feel were consistent with a pocket knife; and… Read More

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