Search and Seizure — reasonable suspicion

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Wisconsin Court of Appeals

Criminal

Search and Seizure — reasonable suspicion

Dartanian Lemont Lewis appeals from a judgment of conviction, entered after he pled guilty to one count of possession with intent to deliver one to five grams of cocaine, and from an order denying his postconviction motion. Lewis argues that the police violated his constitutional rights when they searched him for weapons during a traffic stop for safety belt violations, allegedly without reasonable suspicion. He further argues that the search violated Wis. Stat. § 347.48(2m)(gm) (2011-12), which prohibits police from taking an individual into “physical custody” solely for failing to wear a safety belt in violation of the law. Because we conclude that Lewis’s actions during the traffic stop formed a sufficient basis for police to reasonably believe he may have had a weapon, we affirm. Not recommended for publication in the official reports.

2013AP454-CR State v. Lewis

Dist I, Milwaukee County, Dugan, J., Brennan, J.

Attorneys: For Appellant: Erickson, Dianne M., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Larson, Sarah K., Madison