Search and Seizure — reasonable suspicion

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Wisconsin Court of Appeals

Criminal

Search and Seizure — reasonable suspicion

A “security adjustment,” in a high crime area is insufficient to justify a Terry stop.

“[T]he circuit court’s main rationale in denying Gordon’s suppression motion was what it found was Gordon’s ‘security adjustment.’ But, as Officer Ticcioni recognized, many folks, most innocent of any nefarious purpose, may occasionally pat the outside of their clothing to ensure that they have not lost their possessions. Indeed, this makes even more sense in a high crime area than it might in other less crime-ridden parts of our community. Although, as Ticcioni explained, the ‘security adjustment’ could, given additional facts (such as, for example, flight or attempted flight), support an objective ‘reasonable suspicion,’ the additional facts here—high crime area and recognizing the police car as a police car—are far too common to support the requisite individualized suspicion here.”

Reversed.

Publication in the official reports is recommended.

2013AP1878-CR State v. Gordon

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

Attorneys: For Appellant: Marion, Colleen, Milwaukee; For Respondent: Kassel, Jeffrey J., Madison; Loebel, Karen A., Milwaukee