Legal Opinion

State v. Malone

Wisconsin Supreme Court

Decided July 8, 2004No. 02-2216-CRPublishedCited by 26 opinions

1Opinion of the CourtDavid T. Prosser, J.

¶ 1. This case is before the court on certification by the court of appeals. The court of appeals asks us to address whether, during a routine traffic stop, a law enforcement officer may request the passengers, as well as the driver, to exit the vehicle and individually ask them questions reasonably related to the nature of the stop.

¶ 2. This certified issue arises in the case of Dona-van W Malone, who was a passenger in a vehicle stopped for speeding. After a series of events, including the questioning of all three occupants of the vehicle, Malone was arrested and the vehicle was searched…

2Cases cited47 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Whren v. United StatesSupreme Court of the United States · 1996
  3. Rakas v. IllinoisSupreme Court of the United States · 1979
  4. Berkemer v. McCartySupreme Court of the United States · 1984
  5. Sibron v. New YorkSupreme Court of the United States · 1968

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

3Cited by26 opinions

  1. State v. AriasWisconsin Supreme Court · 2008
  2. State v. DuranNew Mexico Supreme Court · 2005
  3. State v. MooreSupreme Court of Kansas · 2007
  4. State v. FelixWisconsin Supreme Court · 2012
  5. State v. Lewis O. Floyd, Jr.Wisconsin Supreme Court · 2017

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

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