State v. Kelsey C.R., 2001 WI 54
For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate
Issue: Whether Kelsey’s detention was prolonged beyond its proper purpose.
Holding: The operative principle is settled: “an investigative detention … must last only long enough to fulfill the purpose of the stop.” ¶44. Applying that principle — (3-vote lead opinion:) The purpose of the stop was to dispel the idea that she was up to criminal activity; her statement that she was afraid, coupled with the officers’ confirmation that she was not a runaway, heightened their suspicions, and authorized them to hold her for 20 minutes so that a female officer could come and frisk her. ¶44. (2-vote concurrence): Although the police confirmed from Kelsey’s mother that she was not a runaway, the mother asked the officers to bring her home, and they were justified under statutory mandate, §§ 938.19(1)(d)8 and 938.20(2)(ag), to do just that. ¶¶69-70.
