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Guest
Wearing a ski mask and a hoody on November 30, 2009, in Milwaukee while standing on a corner in a high crime area justified officers accosting defendant and seeing what was up.
He was frisked finding cocaine, marijuana, and pills. The trial court suppressed because nothing was “afoot.” State v. Matthews, 2011 WI App 92, 334 Wis. 2d 455, 799 N.W.2d 911 (2011), with a serious dissent.
The dissent said a woman walking a dog walked by and nothing happened at all.
The majority said the officers said she appeared nervous.
The stop was reasonable here where the victim of a robbery was riding with the police when the defendant’s car was seen.
She ID’d the car and the defendant, and she was subject to prosecution for false information.
The defendant ultimately had no standing in the car he was driving because he could show no legitimate relationship to it. Commonwealth v. Cruz, 2011 PA Super 106, 21 A.3d 1247 (2011).*
http://fourthamendment.com/blog/ind..._mask_and_a_hoody_in_a_h&more=1&c=1&tb=1&pb=1
He was frisked finding cocaine, marijuana, and pills. The trial court suppressed because nothing was “afoot.” State v. Matthews, 2011 WI App 92, 334 Wis. 2d 455, 799 N.W.2d 911 (2011), with a serious dissent.
The dissent said a woman walking a dog walked by and nothing happened at all.
The majority said the officers said she appeared nervous.
The stop was reasonable here where the victim of a robbery was riding with the police when the defendant’s car was seen.
She ID’d the car and the defendant, and she was subject to prosecution for false information.
The defendant ultimately had no standing in the car he was driving because he could show no legitimate relationship to it. Commonwealth v. Cruz, 2011 PA Super 106, 21 A.3d 1247 (2011).*
http://fourthamendment.com/blog/ind..._mask_and_a_hoody_in_a_h&more=1&c=1&tb=1&pb=1