(DOWNLOAD) "State V. Kyles" by State of Wisconsin in Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: State V. Kyles
- Author : State of Wisconsin in Supreme Court
- Release Date : January 02, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
¶1. This is a review of an unpublished decision of the court of appeals affirming the order of the Circuit Court for Kenosha County, David M. Bastianelli, Judge.*fn1 The circuit court granted the motion of Joshua O. Kyles, the defendant, to suppress marijuana seized in a frisk, a protective search for weapons during a routine traffic stop. "Frisk" refers to "measures to determine whether the person is in fact carrying a weapon and to neutralize the threat of physical harm."*fn2 The circuit court ruled that the police officer lacked an articulable, reasonable objective basis to believe that the defendant was armed and dangerous. Because it concluded that the protective search for weapons was invalid, the circuit court further concluded that no basis for the arrest existed and that the marijuana seized during the frisk was inadmissible evidence at the defendant's trial.