State v. Robert F. Hart, 2001 WI App 283 For Hart: John Deitrich Issue: Whether the need to transport in a police vehicle a person, who is not in custody, is itself an exigency justifying a pat-down search for weapons. Holding: ¶17. … With five members of the court declining to adopt a per ser rule… Read more
3. Frisks
State v. Jose C. McGill, 2000 WI 38, 234 Wis. 2d 560, 609 N.W.2d 795, affirming unpublished decision For McGill: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the officer had reasonable suspicion to believe McGill armed and dangerous, and therefore to frisk him, following a routine traffic stop. Holding: Judged by the requisite objective test, the… Read more
State v. Jeff S. Mohr, 2000 WI App 111, 235 Wis.2d 220, 613 N.W.2d 186 For Mohr: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether the frisk of a passenger, some 25 minutes after a routine traffic stop, was supported by reasonable belief that the person was armed. Holding: The frisk was unlawful; because it “occurred… Read more
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
State v. Jose C. McGill, 2000 WI 38, 234 Wis. 2d 560, 609 N.W.2d 795, affirming unpublished decision For McGill: Steven P. Weiss, SPD, Madison Appellate Issue1: Whether seizing an object from the suspect’s pocket exceeded the permissible scope of a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
State v. Bruce E. Black, 2000 WI App 175, 238 Wis.2d 203, 617 N.W.2d 210 For Black: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶1 … When a person provides oral identification to a police officer conducting a Terry stop and request for identification, may the officer perform a limited search for identifying papers when the information… Read more
State v. Roosevelt Williams, 2001 WI 21, on remand from U.S. S.Ct., 529 U.S. 1050 (2000), previously reported: State v. Roosevelt Williams, 225 Wis. 2d 159, 591 N.W.2d 823 (1999); State v. Williams, 214 Wis. 2d 412, 570 N.W.2d 892 (Ct. App. 1997).For Williams: Melinda Swartz, SPD, Milwaukee Appellate. Issue: Whether the police had reasonable suspiciion to conduct a “protective search” of… Read more
State v. Tartorius Allen, 226 Wis.2d 66, 593 N.W.2d 504 (Ct. App. 1999) For Allen: Steven D. Phillips, SPD, Madison Appellate. Holding: A frisk is an intrusion additional to the stop, and requires additional justification about the presence of a weapon, which the court finds: Allen and his companion being in a high-crime area, standing… Read more
