Review of a published court of appeals decision, 2016 WI App 64; case activity (including briefs) Issues (from petition for review): Whether an officer’s justification to search is objectively reasonable where the suspect is not observed doing or saying anything suspicious, but cooperating in circumstances that the officer believes are suspicious? Whether counsel provided ineffective assistance… Read more
5. High crime areas
State v. Samuel K. Dixon, 2015AP2307-CR. 10/6/16; District 1 (per curiam; uncitable); case activity (including briefs) You may not cite this per curiam opinion as precedent in any Wisconsin court, but happily you can bask in Dixon’s victory. The court of appeals wisely held that his 5-minute, friendly conversation with a “thicker black female” at… Read more
State v. Lewis O. Floyd, Jr., 2016 WI App 64, petition for review granted 1/9/2017, affirmed, 2017 WI 78; case activity (including briefs) Police found drugs on Floyd after they searched him during a traffic stop. Floyd claims the traffic stop was extended beyond what was necessary to issue the citations he was given and that he… Read more
State v. Arturo Luiz-Lorenzo, 2015AP1540-CR, 5/18/2016, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Police discovered cocaine on Luiz-Lorenzo as a result of his arrest; he challenges the grounds for the initial Terry stop. The Kenosha officer who stopped Luiz-Lorenzo was responding to a reported disturbance around 3 a.m. On arriving in the… Read more
State v. Jennifer L. Wilson, 2014AP2358-CR, District 3, 4/21/15 (one-judge decision; ineligible for publication); case activity (including briefs) A person’s presence in an area with frequent calls for drug activity and a suspected drug house is not, by itself, enough to justify an investigative stop of the person; the police must have particularized information that the… Read more
State v. Patrick E. Gordon, 2014 WI App 44; case activity The circuit court’s findings—Gordon was in a high-crime area; he and his friends “recognized the police presence”; and, as a result, Gordon engaged in a “security adjustment,” which is “a conscious or unconscious movement that an individual does when they’re confronted by law enforcement… Read more
State v. Chonsea Jerome King, 2013AP1068-CR, District 4, 2/13/14; court of appeals decision (not recommended for publication); case activity A police officer saw a car parked in a lot linked by “numerous [pieces of] intelligence” to illegal drug activity. It was 9:25 p.m. The officer watched it for about five minutes, but did not see anyone… Read more
State v. Ryan Erik Diggins, 2012AP526-CR, District 1, 7/30/13; court of appeals decision (not recommended for publication); case activity There was no objectively reasonable suspicion that Diggins was loitering in violation of Milwaukee’s loitering ordinance, § 106-31(1), where Diggins was seen standing for five minutes, doing nothing, at a gas station– “a place to which the public… Read more
