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2010AP864-CR State v. Butler

By: WISCONSIN LAW JOURNAL STAFF//October 13, 2010//

2010AP864-CR State v. Butler

By: WISCONSIN LAW JOURNAL STAFF//October 13, 2010//

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Search and Seizure
Community caretaker exception

Dennis Butler appeals from a judgment of the circuit court convicting him of possession of cocaine. Butler argues that the circuit court improperly denied his motion to suppress the evidence obtained when he was frisked and detained. He contends that the officer did not have probable cause or reasonable suspicion to frisk him. This appeal requires us to decide whether the officer’s conduct fell within the “community caretaker” exception to the Fourth Amendment’s warrant requirement, and whether the officer was justified in frisking Butler. Because we hold that the officer was lawfully utilizing his community caretaker function, and that his frisk of Butler was reasonable, we affirm the circuit court’s judgment. This opinion will not be published.

2010AP864-CR State v. Butler

Dist II, Waukesha County, Mawdsley, J., Reilly, J.

Attorneys: For Appellant: Lindgren, Kathleen A., West Allis; For Respondent: Schimel, Brad, Waukesha; Dietrich, Thomas E., Madison

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