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h. Scope

State v. James Timothy Genous, 2019AP435-CR, 11/1/22, District 1 (not recommended for publication); case activity (including briefs) In 2020 the court of appeals held that police didn’t have reasonable suspicion to stop Genous to investigate whether he was selling drugs. The supreme court reversed and sent the case back to the court of appeals to… Read more

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State v. Eric Trygve Kothbauer, 2020AP1406-CR, District 3, 5/3/22 (one-judge decision; ineligible for publication); case activity (including briefs) Kothbauer challenges his trial lawyer’s representation in a prosecution for operating while intoxicated and with a prohibited alcohol concentration. The court of appeals holds trial counsel wasn’t deficient or, even if he was, the deficiency wasn’t prejudicial… Read more

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State v. Terrell D. Cobbs, 2014AP501-CR, District 2, 12/17/14 (1-judge decision; ineligible for publication); case activity Police had reasonable suspicion to stop Cobbs and two companions and to conduct the pat-down search of Cobbs during which police discovered, opened, and searched Cobbs’ cigarette box, which contained marijuana. ¶8        … [U]nder the totality of the circumstances… Read more

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Reasonable Suspicion – Frisk – Scope: Purse

State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08 For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student Issue/Holding: ¶36      In her final argument, Limon argues that when the officer opened her purse, the search exceeded the scope of a valid weapons frisk under Terry. Although Terry provides only for an officer “to… Read more

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State v. Martin D. Triplett, 2005 WI App 255 For Triplett: Syovata Edari, SPD, Milwaukee Appellate / Milwaukee Trial Issue: Whether the officer’s inability to perform an “effective” patdown permitted a further intrusion that led to the discovery of contraband. Holding: ¶12      Our supreme court has not, however, addressed the scope of a permissibleTerry search where an… Read more

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Terry Frisk – Scope, Generally

State v. Martin D. Triplett, 2005 WI App 255 For Triplett: Syovata Edari, SPD, Milwaukee Appellate / Milwaukee Trial Issue/Holding: ¶11      Despite the fact-specific nature of our analysis, we glean from the case law several useful guiding principles. First, an officer should confine his or her search “strictly to what [is] minimally necessary” to learn… Read more

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State v. Jose C. McGill, 2000 WI 38, 234 Wis. 2d 560, 609 N.W.2d 795, affirming unpublished decision For McGill: Steven P. Weiss, SPD, Madison Appellate Issue1: Whether seizing an object from the suspect’s pocket exceeded the permissible scope of a Terry frisk Holding: Because the object’s size, shape and feel were consistent with a pocket knife; and… Read more

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