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Search and Seizure — reasonable suspicion

Wisconsin Court of Appeals

Criminal

Search and Seizure — reasonable suspicion

Eugene L. Cherry appeals from his convictions for burglary and criminal damage to property, both as a party to a crime, on the basis that they were the result of evidence gathered subsequent to an unlawful arrest. Cherry contends he was arrested without probable cause when law enforcement officers ordered him to the ground and searched him for weapons after discovering him and a companion walking down a rural road a mile away from the scene of a recent burglary. We disagree and affirm the circuit court as Cherry was not under arrest until law enforcement officers had gathered more information linking him to the burglary. The officers had reasonable suspicion to detain Cherry while they investigated his possible involvement in a crime, and the means they used for this detention were reasonable under the circumstances. Not recommended for publication in the official reports.

2012AP1137-CR State v. Cherry

Dist II, Washington County, Martens, J., Reilly, J.

Attorneys: For Appellant: Murray, Daniel P., Waukesha; For Respondent: Bensen, Mark, West Bend; Wittwer, Jacob J., Madison

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