01-0549 State v. Kolp

By: dmc-admin//December 31, 2001//

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This is because the officer who conducted the pat-down search of defendant had considerable experience in the execution of search warrants and he knew that persons involved in drugs often carried weapons.

“In this context, however, we do not distinguish between major and insignificant drug dealers or users in determining whether a frisk is reasonable. As noted in Guy, ‘[p]olice must be able to react flexibly when executing a search warrant,’ and ‘[t]o require police to distinguish between major and insignificant dealers or users before making a limited frisk for weapons would be impractical and could unreasonably put officers in danger.'”

Judgment denying the motion to suppress is affirmed.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Fiorenza, J., Curley, J.

Attorneys:

For Appellant: Jennifer L. Abbott, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; Michael R. Klos, Madison

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