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STATE v. KING

No. 86-2088-CR.

142 Wis.2d 207 (1987)

418 N.W.2d 11

STATE of Wisconsin, Plaintiff-Respondent, v. Robert Allan KING, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 12, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of David D. Leeper of Monroe.

For the plaintiff-respondent the cause was submitted on the brief of Gary L. Luhman, assistant district attorney.

Brief of amicus curiae was filed by Richard L. Kaiser and William A. Pangman and William A. Pangman & Associates, of Waukesha, on behalf of American Civil Liberties Union of Wisconsin Foundation and Wisconsin Association of Criminal Defense Lawyers.

On behalf of the plaintiff-respondent a supplemental brief was filed by Donald J. Hanaway, attorney general, and Jerome S. Schmidt, assistant attorney general, and Jon Erik Kingstad of Madison.

Before Dykman, Eich, and Sundby, JJ.

EICH, J.

Robert King appeals from a judgment convicting him of carrying a concealed weapon in violation of sec. 941.23, Stats. King moved to suppress the weapon on grounds that it was discovered and seized as the result of an illegal search. The trial court denied the motion and King pleaded no contest to the charge. The issues are: (1) whether officers may constitutionally search a person incident to an arrest for a noncriminal traffic violation; and (2) if so, whether...

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