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01-3439 State v. Phillips

By: dmc-admin//August 5, 2002//

01-3439 State v. Phillips

By: dmc-admin//August 5, 2002//

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The State of Wisconsin appeals a Terry issue decided adversely to it. The State argues that when the officer saw a car door fly open while the automobile was making a left turn and then saw the passenger close the door, that circumstance justified the officer in stopping the vehicle on suspicion that someone in the car might have been trying to get out. We agree with the trial court, however, that the mere opening of a passenger-side door and the closing of it by a passenger, without more, cannot form the basis for a stop based on reasonable suspicion that a crime is being committed.

We affirm.

This opinion will not be published.

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

Attorneys:

For Appellant: Jennifer R. Dorow, Waukesha

For Respondent: Mark A. Phillips, Brookfield

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