WI: While RS might not have existed for a pro forma patdown, the officer had RS when this one happened

Defendant and his passenger ran out of gas on a freeway, and an officer came along to help. He was going to take them to the next gas station, and he planned to frisk them before putting them in the patrol car. When he asked about weapons, the companion denied any and looked the officer in the eye. When defendant was asked, he looked down and defeated and said no. That made the officer frisk him first. “Moreover, Fowles was by himself and was going to escort two individuals—at least one of whom Fowles had reason to believe was armed and may have just lied to him about that fact. With no protection from a second law enforcement officer and no bulletproof glass separating Fowles from his passengers, a reasonably prudent officer would be concerned for his or her safety.” Under these “unique facts” there was reasonable suspicion defendant was armed. State v. Nesbit, 2017 Wisc. App. LEXIS 588 (Aug. 9, 2017).

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