WI Court of Appeals – District I
Case Name: State of Wisconsin v. James Timothy Genous
Case No.: 2019AP000435-CR
Officials: Dugan, J.
Focus: Reasonable Suspicion – Suppression of Evidence
James Timothy Genous appeals from a judgment of conviction, following a guilty plea, to one count of felon in possession of a firearm. In an unpublished opinion, the court reversed the circuit court’s denial of Genous’ motion to suppress, and the court concluded that the officers who stopped Genous lacked reasonable suspicion to conduct the stop. The State petitioned the Wisconsin Supreme Court for review who disagreed and concluded that the officers did in fact have reasonable suspicion to stop Genous. This case is now on remand from the supreme court to consider whether the search of Genous’ socks and shoes or the search of Genous’ vehicle was unlawful and requires suppression of the firearm.
The search of Genous’ socks and shoes was lawful as a protective search for weapons and, in any event, was not a “but for” cause of the search of Genous’ vehicle that could invalidate the subsequent search of Genous’ vehicle. Furthermore, the search of Genous’ vehicle during which the firearm was found was supported by probable cause of drug activity and was therefore, a lawful search.