2010AP999-CR State v. Hocking

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Search and Seizure
Temporary seizures

Following his conviction for possession of a switchblade knife, contrary to Wis. Stat. § 941.24(1), Samuel Hocking appeals the circuit court’s order denying his motion to suppress the knife as evidence. A police officer took the knife from Hocking during a temporary detention, but the officer did not immediately recognize the knife to be an illegal switchblade. The officer then left the scene, forgetting that he was carrying the knife. Upon later realizing that the knife was illegal, the officer cited Hocking for its possession. Hocking argues that the circuit court erred in concluding that the suppression motion should be denied because the knife was, viewed objectively, contraband at the time the officer lawfully took possession of it. The court’s order denying suppression and the judgment of conviction that followed are affirmed. This opinion will not be published.

2010AP999-CR State v. Hocking

Dist IV, Columbia County, White, J., Blanchard, J.

Attorneys: For Appellant: Carroll, John M., Appleton; For Respondent: Weber, Gregory M., Madison; Long, Crystal N., Portage

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