STATE v. McGILL

No. 98-1409-CR.

234 Wis.2d 560 (2000)

2000 WI 38

609 N.W.2d 795

STATE of Wisconsin, Plaintiff-Respondent, v. Jose C. McGILL, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided May 12, 2000.


Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs and oral argument by Steven P. Weiss, assistant state public defender.

For the plaintiff-respondent the cause was argued by Jennifer E. Nashold, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.


¶ 1. DIANE S. SYKES, J.

This is a challenge to a protective frisk for weapons that produced not a weapon but cocaine. The defendant, Jose C. McGill, has two complaints. First, he says there was insufficient justification for the frisk because this was merely a routine traffic stop devoid of any circumstances suggesting that he was armed and presently dangerous. And, second, he says that even if the weapons frisk was justified, the officer exceeded its scope by...

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