By: WISCONSIN LAW JOURNAL STAFF//October 12, 2011//
Wisconsin Court of Appeals
Criminal
Search and Seizure — pat-down searches
Jon Paul Fernandez appeals from a judgment of conviction for possession of tetrahydrocannabinols (THC). Fernandez contends that the circuit court erred in denying his motion to suppress evidence derived from the illegal detention and search of his person. Because the officer was not able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warranted a pat-down of
Fernandez’s person, we conclude that the circuit court erred in denying Fernandez’s motion to suppress evidence. We reverse the judgment. Not recommended for publication in the official reports.
2010AP1394-CR State v. Fernandez
Dist II, Waukesha County, Van De Water, J., Neubauer, P.J.
Attorneys: For Appellant: Olsen, Jefren E., Madison; For Respondent: Weber, Gregory M., Madison; Dewire, Jayne Davis, Waukesha