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State v. Scott W. Able, 2009AP2777-CR, District II, 4/14/10

court of appeals decision (1-judge; not for publication); for Able: Francesco G. Mineo; BiC; Resp.; Reply

Reasonable Suspicion, Stop
Police had reasonable suspicion for temporary detention: after business hours, car pulled into parking lot of fitness club that had been subject of recent burglaries.

Conclusion unremarkable save perhaps court’s inexplicable emphasis that event occurred “close to bar closing time,” ¶12. Why this was meaningful, the court doesn’t quite explain. Surely it was significant that the business was closed and the driver therefore had no apparent reason to be there, but that is something else. The court also stresses that while the driver might well have been engaged in wholly innocent conduct, the police were under no obligation to rule out such a possibility, ¶11; but that is near-boilerplate analysis these days.

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