State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02
For Stout: James L. Fullin, Jr., SPD, Madison Appellate
Issue: Whether Stout was seized when police entered the residence.
¶21. … (W)e are left with the presence of three officers in the room and whether their presence, absent the display of a weapon, physical contact or use of language, was sufficient to establish a seizure. Under these circumstances, we conclude that a reasonable person in Stout’s position would have no reason to believe he or she was not free to leave. Assuming the officers were present under the cloak of valid consent, their initial brief encounter at the door to the apartment was nothing more than an inoffensive encounter between a citizen and police that intruded upon no constitutionally protected interest.¶22. Based on the foregoing analysis, and on the premise that the officers had consent, we determine that no seizure occurred until after Stout’s gesture toward his pants pocket. After that point, Birkholz drew his weapon and placed Stout against the wall to frisk him….