Search and Seizure – scope — protective frisks

By: WISCONSIN LAW JOURNAL STAFF//May 7, 2014//

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Wisconsin Court of Appeals

Criminal

Search and Seizure – scope — protective frisks

Miguel Navarrete, Jr., appeals from a judgment of conviction entered upon his no contest plea to one count of felon in possession of a firearm following the trial court’s denial of his suppression motion. Navarrete challenges the scope of his temporary detention and the legality of the officers’ protective frisk of his person. We conclude that the officers did not unreasonably extend the scope of the detention by running a computer check of Navarrete’s paper identification and that the pat-down frisk for weapons was reasonable under the totality of the circumstances. This opinion will not be published.

2013AP2000-CR State v. Navarrete

Dist II, Racine County, Boyle, J., Per Curiam

Attorneys: For Appellant: McClune, Scott Ryan, Milwaukee; For Respondent: O’Brien, Daniel J., Madison; Chiapete, W. Richard, Racine

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