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Frisk – Behavior During Pat-Down as Part of Reasonable Suspicion Calculus

State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15
For Johnson: Eileen A. Hirsch, SPD, Madison Appellate

Issue/Holding:

¶47      We reject the State’s assertion that Johnson’s collapse to the ground during the frisk because of leg pain (whether feigned or actual) is in any way relevant to the reasonableness of the protective search. As we have explained, officers lacked reasonable suspicion to conduct the pat down of Johnson’s person. Thus, any events resulting from that pat down may not be considered when calculating the reasonableness of the search of the vehicle.

 

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