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STATE v. GOYER

No. 89-1453-CR.

157 Wis.2d 532 (1990)

460 N.W.2d 424

STATE of Wisconsin, Plaintiff-Appellant, v. John L. GOYER, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 1, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Stephen J. Centinario, Jr., assistant district attorney.

On behalf of the defendant-respondent, the cause was submitted on the brief of Richard H. Bussler, Jr., of Polidori & Bussler of Milwaukee.

Before Nettesheim, P.J., Brown and Scott, JJ.

BROWN, J.

The state appeals from an order granting John L. Goyer's motion to dismiss three counts of battery to a police officer, sec. 940.20(2), Stats. We reverse.

The issue is whether the fourth amendment permits a police officer investigating a possible crime to physically restrain, without an arrest, a person who walks away from the officer's investigation. We hold that a police officer does not violate the...

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