STATE v. BAUDHUIN

No. 86-1391-CR.

141 Wis.2d 642 (1987)

416 N.W.2d 60

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. James H. BAUDHUIN, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided December 10, 1987.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Barry M. Levenson, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

For the defendant-appellant there was a brief by Randall J. Nesbitt, Pinkert, Smith Weir & Jinkins, Sturgeon Bay, and oral argument by Randall J. Nesbitt.


STEINMETZ, J.

The issue in this case is whether the Fourth Amendment to the United States Constitution and Article I, sec. 11 of the Wisconsin Constitution1 prohibit the police from seizing, without a warrant, an automobile and its occupants when there is a factual basis upon which to stop the driver for a traffic violation, but when the police officer intends only to render assistance to the...

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