Suppression of Evidence

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Terrance Walter Gates

Case No.: 2022AP000357-CR

Officials: Brash, C.J., Donald, P.J., and Dugan, J.

Focus: Suppression of Evidence

On December 5, 2019, the State charged Gates with one count of being a felon in possession of a firearm. According to the criminal complaint, Milwaukee police responded to “a report of subjects with firearms” at a Milwaukee residence. While waiting for additional officers, police noticed a gray vehicle parked in front of the residence. The vehicle pulled away after a few minutes and the officers followed. After one block, the vehicle pulled over and the occupants immediately exited. The passenger—Gates—initially walked away from the officers, but was ultimately stopped and searched. When an officer felt a firearm on Gates, he fled, and the officers located a firearm in Gates’s flight path. Another officer who responded to the scene ultimately located Gates, who was subsequently arrested and charged.

The State of Wisconsin appeals an order of the circuit court granting Gates’s motion to suppress evidence.

Based on the totality of these circumstances, the officers’ reasonable suspicion that Gates was committing a crime and was likely armed evolved from Gates’ increasingly suspicious behavior, No. 2022AP357-CR 8 in conjunction with the officers’ safety concerns based on the location, the late hour, and the dimly lit scene. The appeals court rules the circuit court erred both legally and factually when it granted suppression of the officers’ testimony and the gun.

Reversed and Remanded.

Decided 06/20/23

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