On Point: 3. Frisks

State v. Dartanian Lemont Lewis, 2013AP454-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity

Lewis was a passenger in a car stopped for safety belt violations. During the stop he was frisked, leading to the discovery of cocaine. He argued the frisk was improper because § 347.48(2m)(gm) prohibits police from taking an individual into physical custody solely for failing to wear a safety belt.

State v. Brian A. Gottschalk, 2012AP2351, District III (not recommended for publication).  Case activity.

Wow!  Two decisions overruling the denial suppression motions in one day.  In this case, the State charged the defendant  with OWI and operating with a PAC, both as second offenses.  The defendant moved for suppression of evidence on the grounds that the officer seized him without reasonable suspicion. 

State v. Jermaine Kennard Young, 2010AP2959-CR, District 1, 3/6/12

court of appeals decision (not recommended for publication); for Young: Robert N. Meyeroff; case activity

Reasonable suspicion existed to justify investigative stop of Young, based on a tip from confidential informant that someone matching Young’s description would be at a specified time and place to sell drugs.

¶13      When determining the reliability of a CI’s tip,

State v. Damon Keith Sutton, 2012 WI App 7 (recommended for publication); for Sutton: Maayan Silver; case activity

Reasonable Suspicion – “Frisk,” of Vehicle

Reasonable suspicion supported “protective search” of Sutton’s van following routine traffic stop: While the officer ran a document check, Sutton remained in the van. The officer discerned “distinct rocking motions,” which the officer’s training and experience informed her represented “someone who may be trying to retrieve or conceal a weapon.”

State v. Jon Paul A. Fernandez, 2010AP1394-CR, District 2, 10/12/11

court of appeals decision (1-judge, not for publication); for Fernandez: Jefren E. Olsen, SPD, Madison Appellate; case activity

Concededly lawful traffic stop (operating without headlights) wasn’t unreasonably prolonged by warrant checks, arrest of passenger on warrant for unpaid forfeiture, and then search of car incident to that arrest, before the traffic ticket was issued, ¶11 (“Absent any indication of unreasonable delay,

State v. Rodney D. Johnson, 2010AP2470-CR, District 1, 10/4/11

court of appeals decision (not recommended for publication); for Johnson: Richard L. Kaiser; case activity

Acting on a drug tip, police targeted Johnson, and saw him driving a car with a cracked windshield. After Johnson got out of the car, the officers approached, and “asked” to talk to him, but he walked away. The officers then “asked” him to take his hands out of his pocket,

State v. Deandre A. Buchanan, 2011 WI 49, affirming unpublished CIA decision; for Buchanan: Tyler William Wickman; case activity

Frisk – Auto

Frisk of Buchanan, following routine traffic stop for speeding, was supported by reasonable belief that he was armed and dangerous.

¶3   We hold that under the totality of the circumstances in this case, the trooper’s observation of Buchanan’s furtive movements and visible nervousness,

State v. Felton O. Shands, 2010AP2407-CR, District 1, 6/28/11

court of appeals decision (1-judge, not for publication); for Shands: Randall E. Paulson; case activity

High-crime area (what else?) + hand-rolled cigarette “furtively” (what else?) thrown down by occupant of parked car on police approach + bit of embellishment = reasonable suspicion the occupant is armed and dangerous (what else?).

¶23      We conclude, based upon the totality of the circuit court’s findings of fact,

State v. Loren C. Purintun, 2010AP2493-CR, District 3, 3/15/11 

court of appeals decision (1-judge, not for publication); for Purintun: Dan Chapman; case activity

¶9        Here, the totality of the circumstances provided Hodek with reasonable suspicion to stop Purintun.  Hodek was dispatched to a semi-rural area to investigate a report of either a shooting or a car accident.  He encountered Purintun about one-half mile from the address provided by dispatch. 

decision below: unpublished; for Buchanan: Tyler William Wickman; case activity

Issue (formulated by On Point):

Whether, during the course of a routine traffic stop, the police developed reasonable suspicion to believe Buchanan armed and dangerous so as to perform a “protective search” of his car.

The court relied on the following to show reasonable suspicion to believe Buchanan armed and dangerous, during an otherwise routine stop for speeding:

• “furtive movements”