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STATE v. ANDERSON

No. 88-0692-CR.

155 Wis.2d 77 (1990)

454 N.W.2d 763

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. David Paul ANDERSON, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided May 9, 1990.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Christopher G. Wren, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

For the defendant-appellant there was a brief and oral argument by Patricia Flood, assistant state public defender.

WILLIAM A. BABLITCH, J.

The issue presented is whether an individual's flight upon seeing the police is suspicious behavior sufficient in and of itself to justify a temporary investigative stop by the police. The State of Wisconsin (State) seeks review, arguing that flight from the police is sufficient to justify a stop. Because we conclude that flight from the police is a strong indication of "mens rea," i.e. a guilty mind or a guilty purpose, we conclude that behavior...

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