Legal Opinion

State v. Stout

Court of Appeals of Wisconsin

Decided January 23, 2002No. 01-0904-CR, 01-0905-CRPublishedCited by 8 opinions

1Opinion of the CourtBrown, J.

¶ 1. The first question is whether the police entry into the apartment in this case can be justified under the Terry 1 doctrine where the statute and case law specify that the doctrine only applies to police-citizen confrontations in a public place. We hold that the doctrine only applies to stops made in a public place and police may not enter an abode based on Terry. The second issue is whether police must first have reasonable suspicion that someone inside a dwelling has committed a crime as a condition precedent to asking the owner for consent to enter and search the premises. We hold that…

2Cases cited23 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. United States v. MendenhallSupreme Court of the United States · 1980
  4. California v. Hodari D.Supreme Court of the United States · 1991
  5. Minnesota v. DickersonSupreme Court of the United States · 1993

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3Cited by8 opinions

  1. State v. JohnsonWisconsin Supreme Court · 2007
  2. State v. St. GermaineCourt of Appeals of Wisconsin · 2007
  3. State v. HarrellCourt of Appeals of Wisconsin · 2010
  4. State v. KainCourt of Appeals of Wisconsin · 2018
  5. State v. MicklevitzCourt of Appeals of Wisconsin · 2019

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