On Point blog, page 7 of 7
Reasonable Suspicion – Frisk – “Identification Search”
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 provided is not confirmed by police records?
Reasonable Suspicion – Frisk – drug investigation – auto
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”
Reasonable Suspicion – Stop – Basis – Warrant Execution – leaving house where warrant being executed
State v. Louis Taylor, 226 Wis.2d 490, 595 N.W.2d 56 (Ct. App. 1999)
For Taylor: Donald T. Lang, SPD, Madison Appellate.
Holding: Taylor walked out the back door as police were knocking on the front door to execute a warrant for someone else, in an area described as “high drug … high gang.” The police were entitled to seize him:
We agree with the trial court that the totality of the facts supports a reasonable basis for Veselik’s suspicion that something unlawful was afoot with Taylor.
Reasonable Suspicion – Stop – Basis – High-Crime Area
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:
Allen and his companion being in a high-crime area, standing alone, would not be enough to create reasonable suspicion. A brief contact with a car, standing alone, would not be enough to create reasonable suspicion. Hanging around a neighborhood for five to ten minutes,
Reasonable Suspicion – Frisk – High-Crime Area, et al.
State v. Michael T. Morgan, 197 Wis. 2d 200, 539 N.W.2d 887 (1995)
For Morgan: Wm. J. Tyroler, SPD, Milwaukee Appellate; Calvin Malone
Issue/Holding:
… The court of appeals then held that the search of Morgan was supported by articulable facts in the record, including the “fairly-high-crime-rate area”; Morgan’s driving in two alleys at approximately 4:00 a.m.; Morgan’s nervous and unsuccessful efforts to produce a driver’s license upon request;