State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15 For Johnson: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶34 Turning to the present case, the State contends that Johnson’s movement in the interior of the car was a sufficiently compelling factor to justify Stillman’s protective search of Johnson’s car. The State asserts that… Read more
3. Frisks
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
State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision For Kyles: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶22 … The State’s principal position is two-fold: First, the State argues that an officer’s “subjective fear of the suspect” being searched, as the state poses the issue, is not a prerequisite to a valid… Read more
State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision For Kyles: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether a per se rule should be adopted allowing a frisk whenever individuals fail to comply with police directives to keep their hands out of their pockets. Holding: ¶48. We do not adopt, as the State… Read more
State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02 For Stout: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether the police had reasonable suspicion to frisk inside a residence, based on an anonymous tip of drug activity coupled with corroboration of certain details and a furtive gesture. Holding: Although investigative stops must be made… Read more
State v. Justin Kolp, 2002 WI App 17 For Kolp: Jennifer L. Abbott Issue: Whether the police had a reasonable suspicion to frisk Kolp, when he showed up at a residence during execution of a search warrant for evidence of possession of marijuana and which authorized the search of all persons present on the premises. Holding: Given… Read more
State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02 For Stout: James L. Fullin, Jr., SPD, Madison Appellate Issue/Holding: ¶14. … (T)he United States Supreme Court has never held that a warrantless entry into a private residence may be justified by a Terry investigatory stop based on reasonable suspicion provided by an informant’s tip. To… Read more
State v. Kelsey C.R., 2001 WI 54 For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate Issue: Whether the police had reasonable suspicion to frisk Kelsey, a juvenile, before placing her in a squad car and transporting her home at her mother’s request. Holding: The most significant feature of this fractured ruling is majority support for the… Read more
