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WI: Furtive movement justified a frisk, and officer did not have to order defendant out of car

By John Wesley Hall, Jr.

Defendant's furtive movements justified a frisk. The officer was not obligated to get defendant out of his car because he suspected a weapon. That does not undercut the officer's credibility. (Reversing an unpublished decision of the court of appeals.) State v. Sumner, 2008 WI 94, 2008 Wisc. LEXIS 346 (July 15, 2008): [*P33] The State's brief points out that there is no golden rule regarding whether to order a suspect to stay in his vehicle or to step out during a traffic stop. 13 We agree. "[T]he millions of traffic stops that occur every year are not fungible," hence the decision to order a suspect out of a car is not so universal that it is always necessary or even reasonable. Pennsylvania v. Mimms, 434 U.S. 106, 121 (1977) (Stevens, J...continue to full post

Full post as published by Fourth Amendment on July 17, 2008 (boomark / email).