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STATE v. PALLONE

No. 98-0896-CR.

228 Wis.2d 272 (1999)

596 N.W.2d 882

STATE of Wisconsin, Plaintiff-Respondent, v. Robert J. PALLONE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 5, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Steven J. Watson of Steven J. Watson Law Office of Elkhorn.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Jennifer E. Nashold, assistant attorney general.

Before Snyder, P.J., Nettesheim and Anderson, JJ.

NETTESHEIM, J.

The issue in this case is whether the property of a passenger in a motor vehicle may be searched when the police have validly arrested the driver but do not have a reasonable basis to detain or probable cause to arrest the passenger. Based on the United States Supreme Court's recent decision in Wyoming v. Houghton, 119 S.Ct. 1297 (1999), we hold that such a search is proper. Accordingly, we affirm the conviction of Robert J. Pallone for possession...

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