Legal Opinion

State v. McGill

Wisconsin Supreme Court

Decided May 12, 2000No. 98-1409-CRPublishedCited by 50 opinions

1Opinion of the CourtDiane S. Sykes, J.

¶1. This is a challenge to a protective frisk for weapons that produced not a weapon but cocaine. The defendant, Jose C. McGill, has two complaints. First, he says there was insufficient justification for the frisk because this was merely a routine traffic stop devoid of any circumstances suggesting that he was armed and presently dangerous. And, second, he says that even if the weapons frisk was justified, the officer exceeded its scope by seizing and opening the package of cocaine that he had in his pocket. We disagree and hold that both the frisk and the subsequent seizure and inspection…

2Cases cited14 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Adams v. WilliamsSupreme Court of the United States · 1972
  3. Texas v. BrownSupreme Court of the United States · 1983
  4. United States v. Vincent Anthony PerdueCourt of Appeals for the Tenth Circuit · 1993
  5. United States v. Terry L. WoodCourt of Appeals for the Tenth Circuit · 1997

9 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. State v. RutzinskiWisconsin Supreme Court · 2001
  2. State v. SykesWisconsin Supreme Court · 2005
  3. State v. WilliamsWisconsin Supreme Court · 2001
  4. State v. Kelsey C.R.Wisconsin Supreme Court · 2001
  5. State v. FlowersSupreme Court of Minnesota · 2007

45 more not listed; retrieve them via the Exa API.

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