State v. Moretto

The State of Wisconsin (State) appeals from a circuit court order suppressing a knife seized from the vehicle of the defendant Joseph G. Moretto (Moretto), following a search conducted by the police during a stop for temporary questioning. The question certified to this court is whether sec. 968.25, Stats., permits a police officer to search for weapons in the vehicle of an individual stopped for temporary questioning by the police.

We hold that sec. 968.25, Stats, permits an officer to search the passenger compartment of a vehicle for weapons where the individual who recently occupied the…