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Frisk – Generally

State v. Nathaniel L. Sumner, 2008 WI 94, reversing unpublished opinion
For Sumner: Craig Albee, Carol S. Josten

Issue/Holding:

¶23      Our protective search or “frisk” jurisprudence has consistently emphasized that the totality of all circumstances present and known to the officer must be taken into account to assess the legality of the procedure. Naturally, some factors will be of greater import than others in the reasonable suspicion calculus in a particular case. Our cases, most notably Kyles, have first broken down the reasonable suspicion issue into an analysis of each primary factor present and then concluded by viewing these primary factors in the totality of circumstances. See id., ¶¶17-18, 68-72 (listing “six factors that compose the totality of the circumstances” in that case, and then evaluating them in their totality). …

 

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