Motion to Suppress Evidence Denied

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Kavin N. Nesbit

Case No.: 2016AP224-CR

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.

Focus: Motion to Suppress Evidence Denied

This case concerns whether an officer’s frisk of a citizen was supported by reasonable suspicion. Kavin Nesbit and a friend were on I-94 in Kenosha County when they ran out of gas. With a red gas can in hand, they were walking along the shoulder of the expressway when State Trooper David Fowles activated his lights and pulled up behind them. Fowles later stated he pulled up out of concern for their safety and because walking along the highway is illegal.

Nesbit moved to suppress the fruits of the frisk on the grounds that it was not supported by reasonable suspicion. The circuit court denied the motion, and Nesbit pled guilty to the firearm possession count with the marijuana possession count dismissed as part of the agreement. We hold that under the unique circumstances of this case, the officer had reasonable suspicion that Nesbit was armed and dangerous. Therefore, we affirm Nesbit’s conviction.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.