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Unlawful-stop Claim – Suppression of Evidence

By: Derek Hawkins//June 29, 2021//

Unlawful-stop Claim – Suppression of Evidence

By: Derek Hawkins//June 29, 2021//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Kimberly Dale Crone

Case No.: 2018AP1764-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Unlawful-stop Claim – Suppression of Evidence

Kimberly Crone appeals a judgment of conviction, entered upon her no-contest plea, for possession of a controlled substance. She argues the circuit court erred by denying her motion to suppress evidence that a law enforcement officer obtained during a traffic stop, after she consented to a search of her purse. Crone contends the officer’s request to look at two pill bottles in her purse—which were in plain view of the officer standing next to her vehicle—unlawfully extended the stop, violating her Fourth Amendment rights. We disagree, as the officer’s simple request for Crone’s consent—even when that request occurred at the end of the traffic stop—did not unreasonably extend the stop under the totality of the circumstances. Therefore, we affirm.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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