3. Frisks

State v. Aaron E. Applewhite, 2008 WI App 138, PFR filed 9/19/08 For Applewhite: Pamela Moorshead Issue/Holding: ¶12      The next question before us is whether Bastil’s discovery of contraband in Applewhite’s pockets is supported by the “plain touch” doctrine. When the pat-down itself is based on reasonable suspicion, the “plain feel” or “plain touch” exception to… Read more

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

State v. Aaron E. Applewhite, 2008 WI App 138, PFR filed 9/19/08 For Applewhite: Pamela Moorshead Issue/Holding: Reasonable suspicion supported the frisk, given: the type of crime being investigated (residential burglary); the suspect’s admitted possession of, but initial reluctance to produce, two knives; and, his repeated reaching into his pants pockets, ¶¶3-11.  … Read more

State v. Nathaniel L. Sumner, 2008 WI 94, reversing unpublished opinion For Sumner: Craig Albee, Carol S. Josten Issue/Holding: ¶23      Our protective search or “frisk” jurisprudence has consistently emphasized that the totality of all circumstances present and known to the officer must be taken into account to assess the legality of the procedure. Naturally, some factors will be… Read more

State v. Clemente Lamont Alexander, 2008 WI App 9 For Alexander: Michael C. Demo Issue: Whether the police had reasonable suspicion to search the glove compartment of a car, stopped for a minor traffic violation (right turn on red without stopping), based on multiple factors: delay in pulling over, furtive movements, high-crime area, and post-stop observation… Read more

State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15 For Johnson: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶23      In Pennsylvania v. Mimms, 434 U.S. 106 (1977), and Michigan v. Long, 463 U.S. 1032 (1983), the United States Supreme Court applied the principles of Terry to the validity of protective searches executed during a roadside stop. In Mimms… Read more

State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15 For Johnson: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶47      We reject the State’s assertion that Johnson’s collapse to the ground during the frisk because of leg pain (whether feigned or actual) is in any way relevant to the reasonableness of the protective search… Read more