Search and Seizure
Reasonable suspicion

Where a suspect made a reaching gesture, had a cluttered vehicle, lacked identification and had suspended driver's license, was nervous and perspiring, and repeatedly reached into his pockets after being instructed not to, the officers had reasonable suspicion to search him.

"We reject the contention that Johnson's reasonable suspicion was obviated by the fact that 15 minutes passed between the time of the stop, when Johnson viewed Sumner's reaching gestures, and Johnson's protective search of Sumner. After all, Johnson had kept Sumner under continuous surveillance. The passage of time can be a factor in the totality of circumstances, but it is not likely to be a determinative factor in establishing or eliminating reasonable suspicion for a frisk. The passage of time may calm the nerves of a suspect or build on his apprehension, depending on what the suspect is thinking and what he fears may be disclosed. In the same vein, information gained by an officer, including the officer's observations during a delay, may dispel or heighten the officer's suspicions. The passage of time will have different effects if the officer's computer reveals that a driver has a spotless record, or a suspended license, or an arrest warrant for armed robbery."

Reversed.

2006AP102-CR State v. Sumner

Prosser, J.

Attorneys: For Appellant: Albee, Craig, Milwaukee; For Respondent: Kleinmaier, Stephen W., Madison; Loebel, Karen A., Milwaukee

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