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01-1425-CR State v. Harding

By: dmc-admin//December 10, 2001//

01-1425-CR State v. Harding

By: dmc-admin//December 10, 2001//

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The State appeals from a trial court order suppressing all evidence resulting from the arrest of Darryl A. Harding. The State contends that the trial court erred in finding that the arresting officer did not have “reasonable suspicion” to stop Harding pursuant to Wis. Stat. Sec. 968.24 and Terry v. Ohio, 392 U.S. 1 (1968). The State additionally argues that the trial court’s determination was based in part upon an erroneous finding of fact.

We conclude that even assuming the trial court made an erroneous finding of fact, the police did not have the requisite reasonable suspicion to stop the vehicle in which Harding was a passenger.

We affirm the trial court’s order.

This opinion will not be published.

Dist II, Waukesha County, Bohren, J., Nettesheim, P.J.

Attorneys:

For Appellant: Stephen J. Centinario, Waukesha

For Respondent: Glenn L. Cushing, Madison

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