State v. Jon Paul A. Fernandez, 2010AP1394-CR, District 2, 10/12/11 court of appeals decision (1-judge, not for publication); for Fernandez: Jefren E. Olsen, SPD, Madison Appellate; case activity Concededly lawful traffic stop (operating without headlights) wasn’t unreasonably prolonged by warrant checks, arrest of passenger on warrant for unpaid forfeiture, and then search of car incident to that… Read more
3. Frisks
State v. Rodney D. Johnson, 2010AP2470-CR, District 1, 10/4/11 court of appeals decision (not recommended for publication); for Johnson: Richard L. Kaiser; case activity Acting on a drug tip, police targeted Johnson, and saw him driving a car with a cracked windshield. After Johnson got out of the car, the officers approached, and “asked” to… Read more
State v. Deandre A. Buchanan, 2011 WI 49, affirming unpublished CIA decision; for Buchanan: Tyler William Wickman; case activity Frisk – Auto Frisk of Buchanan, following routine traffic stop for speeding, was supported by reasonable belief that he was armed and dangerous. ¶3 We hold that under the totality of the circumstances in this case, the trooper’s… Read more
State v. Felton O. Shands, 2010AP2407-CR, District 1, 6/28/11 court of appeals decision (1-judge, not for publication); for Shands: Randall E. Paulson; case activity High-crime area (what else?) + hand-rolled cigarette “furtively” (what else?) thrown down by occupant of parked car on police approach + bit of embellishment = reasonable suspicion the occupant is armed and dangerous… Read more
State v. Loren C. Purintun, 2010AP2493-CR, District 3, 3/15/11 court of appeals decision (1-judge, not for publication); for Purintun: Dan Chapman; case activity ¶9 Here, the totality of the circumstances provided Hodek with reasonable suspicion to stop Purintun. Hodek was dispatched to a semi-rural area to investigate a report of either a shooting or a car… Read more
decision below: unpublished; for Buchanan: Tyler William Wickman; case activity Issue (formulated by On Point): Whether, during the course of a routine traffic stop, the police developed reasonable suspicion to believe Buchanan armed and dangerous so as to perform a “protective search” of his car. The court relied on the following to show reasonable suspicion to… Read more
State v. Dennis Butler, 2010AP864-CR, District 2, 10/13/10 court of appeals decision (1-judge, not for publication); for Butler: Kathleen A. Lindgren; BiC; Resp. Frisk upheld, where initial contact came within community caretaker function, and Butler then gave cause to believe he was armed and dangerous. ¶13 We hold that Pergande properly exercised his community caretaker function during… Read more
State v. Jacquese Franklin Harrell, 2010 WI App 132; for Harrell: Michael S. Holzman; BiC; Resp.; Reply Terry Frisk – House The police had both reasonable suspicion that Harrell had committed a violent crime, and consent to be in his house to question him. Therefore, police inspection of a chair for possible weapons before allowing… Read more
