Unlawful-stop Claim – Reasonable Suspicion

By: Derek Hawkins//October 27, 2020//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Raytrell K. Fitzgerald

Case No.: 2019AP1769-CR

Officials: Brash, P.J., Dugan and White, JJ.

Focus: Unlawful-stop Claim – Reasonable Suspicion

Raytrell K. Fitzgerald appeals his judgment of conviction for possession of a firearm contrary to a harassment injunction. Fitzgerald was charged when a handgun was discovered in his backpack after he was stopped and frisked by Milwaukee Police Department (MPD) officers investigating a report of shots fired. Fitzgerald filed a motion to suppress the gun evidence, arguing that the police lacked reasonable suspicion for the stop and frisk.

After a hearing on Fitzgerald’s motion, the trial court found that the police had established that there was reasonable suspicion for the stop and frisk, and denied the motion. Fitzgerald subsequently pled guilty. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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