E.D.Wis.: Def’s stop was without RS, and body cam video showed it

Milwaukee bike patrol officers heard a gun drop on the street and approached the people around the sound. Only another one walked away as shown in the officer’s body cam. The officers approached defendant, but there was no reasonable suspicion shown as to him at all. He did nothing wrong and suggested nothing that appeared illegal. Also a factor was that mere possession of a weapon isn’t per se a crime. United States v. Winters, 2017 U.S. Dist. LEXIS 97402 (E.D. Wis. April 26, 2017).*

Defendant was riding in a vehicle with Smith, man on supervision, who gave a false name which surfaced when the passengers were asked who he was. The PO was called, and she reported that Smith was likely a user, and anybody with him could be a source for him. The officer asked defendant for consent to search her backpack and she set it down and agreed. No reasonable person at that point would have thought they were in custody. State v. Stevens, 286 Ore. App. 306, 2017 Ore. App. LEXIS 814 (June 21, 2017).*

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