Follow Us

Facebooktwitterrss
≡ Menu

Reasonable Suspicion – Frisk – High-Crime Area, et al.

State v. Tartorius Allen, 226 Wis.2d 66, 593 N.W.2d 504 (Ct. App. 1999)
For Allen: Steven D. Phillips, SPD, Madison Appellate.

Holding: A frisk is an intrusion additional to the stop, and requires additional justification about the presence of a weapon, which the court finds:

Allen and his companion being in a high-crime area, standing alone, would not be enough to create reasonable suspicion. A brief contact with a car, standing alone, would not be enough to create reasonable suspicion. Hanging around a neighborhood for five to ten minutes, standing alone, would not be enough to create reasonable suspicion. On the other hand, when these three events occur in sequence and are combined with the officers’ experience and training, the reputation of the area and the time of day, there is enough to create a reasonable suspicion to justify a Terry stop…….

Given the circumstances present here, including the time of day, a brief contact in a car, the contact could not be observed, hanging around after the contact and all of this happening in a high-crime area, the police officer was justified in his precautionary pat-down to determine if Allen was armed and dangerous….

 

Facebooktwitterlinkedinmail
{ 0 comments… add one }

Leave a Comment