On Point: 3. Frisks

State v. Dennis Butler, 2010AP864-CR, District 2, 10/13/10 

court of appeals decision (1-judge, not for publication); for Butler: Kathleen A. Lindgren; BiC; Resp.

Frisk upheld, where initial contact came within community caretaker function, and Butler then gave cause to believe he was armed and dangerous.

¶13      We hold that Pergande properly exercised his community caretaker function during his entire encounter with Butler.  

State v. Jacquese Franklin Harrell, 2010 WI App 132; for Harrell: Michael S. Holzman; BiC; Resp.; Reply

Terry Frisk – House

The police had both reasonable suspicion that Harrell had committed a violent crime, and consent to be in his house to question him. Therefore, police inspection of a chair for possible weapons before allowing Harrell to sit in it,

State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision
For Kyles: Eileen A. Hirsch, SPD, Madison Appellate

Issue/Holding: The following factors did not add up to reasonable suspicion supporting the frisk of a passenger during a routine traffic stop (¶17):

(1) The officer testified that he “didn’t feel any particular threat before searching” the defendant.
(2) The defendant,

7th Circuit decision

Terry Stop / Frisk
1. Pulling up in a patrol car and telling Gentry to keep his hands up amounted to a stop for purposes of Terry analysis.

2. The stop, which was based on a report of a “suspicious person,” without reference to any specific facts concerning a crime, was not supported by reasonable suspicion to believe Gentry had either committed a crime or was armed.

State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161
For Carroll: Michael K. Gould, SPD, Milwaukee Appellate

Issue/Holding: Frisk analysis applies to police demand that suspect drop object in hand, ¶22.

¶23      Here, Carroll led officers on a high-speed chase in a car that the officers had been observing in connection with an armed robbery investigation, and exited his car quickly while holding an unknown object. 

supreme court decision; court of appeals decision; for Carroll: Michael K. Gould, SPD, Milwaukee Appellate

Frisk – Demand that Suspect Drop Object
Frisk analysis applies to police demand that suspect drop object in hand, ¶22.

¶23      Here, Carroll led officers on a high-speed chase in a car that the officers had been observing in connection with an armed robbery investigation, and exited his car quickly while holding an unknown object. 

State v. Leneral Louis Williams, 2010 WI App 39; for Williams: Richard L. Zaffiro; Resp Br.; Reply Br.

Seizure – Some Restraint Necessary

¶16      The Fourth Amendment is not implicated until there has been a seizure. The Court in Terry described a seizure as “whenever a police officer accosts an individual and restrains his [or her] freedom to walk away.” Id.

State v. Melvin Bridges, 2009 WI 66, PFR filed 5/18/09
For Bridges: Michael S. Holzman

Issue/Holding: Frisk of Bridges during routine traffic stop (defective brake lights) upheld, where the early-evening stop was in an area “where the police had received numerous complaints of gunshots fired at night,” and Bridges when pulled over had made “a questionable movement”; State v. Gary A. Johnson,

State v. Dennis E. Bailey, 2009 WI App 140
For Bailey: Jeffrey W. Jensen

Issue/Holding: Court upholds frisk of vehicle, following stop for minor equipment violation (excessive window tint) in high crime area, where driver made furtive gesture (kicking motions under front seat) and officer testified that he saw a bag, which he thought contained a gun, protruding from under seat, ¶¶24-50. State v. Gary A.

State v. Paul Anthony Butler, 2009 WI App 52, PFR filed 4/20/09
For Butler: Trisha R. Stewart Martin

Issue/Holding: “Frisk” of car supported by concern driver had gun, in that he was wearing an empty gun holster, ¶16.