{"id":2266,"date":"2009-03-21T06:35:02","date_gmt":"2008-07-17T06:34:12","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-17T06:34:12","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2266","title":{"rendered":"WI: Furtive movement justified a frisk, and officer did not have to order defendant out of car"},"content":{"rendered":"

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 (Reversing an unpublished decision of the court of appeals.)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<\/a>, 2008 WI 94, 312 Wis. 2d 292, 752 N.W.2d 783 (2008):<\/p>\n

[*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<\/em>, 434 U.S. 106, 121 (1977) (Stevens, J., dissenting). We therefore disagree with the court of appeals’ conclusion that “[a]n objectively reasonable officer would not leave an occupant of the vehicle who was believed to be armed and dangerous unattended for fifteen minutes.” Sumner<\/em>, No. 2006AP102-CR, unpublished slip op., P28 (emphasis added). Clearly, the myriad circumstances an officer might face in a traffic stop would suggest ordering passengers out of their vehicle in some cases but not in others. We do not believe the facts of this case indicate that Johnson was objectively unreasonable in not ordering Sumner out of the vehicle immediately upon approaching it the first time. Two deputies were present at the scene, and Sumner was under constant surveillance.<\/p><\/blockquote>\n

Stop in high crime area was for bad driving which was potentially indicative of being under the influence. It turned out that the driver wasn’t, but the officer wanted to run wants and warrants. Consent was promptly asked for, and it was valid. The officer was suspicious because defendant had passed by a drug house again at early hours beyond the driving mistakes. United States v. Long<\/a>, 532 F.3d 791 (8th Cir. 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2266","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2266","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2266"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2266\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2266"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2266"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2266"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}