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STATE v. HART

No. 00-1444-CR.

249 Wis.2d 329 (2001)

2001 WI App 283

639 N.W.2d 213

STATE of Wisconsin, Plaintiff-Respondent, v. Robert F. HART, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 21, 2001.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Jon Deitrich of Hynes & Associates, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Mark A. Langholz, assistant district attorney.

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

¶ 1. BROWN, P.J.

What we face in this case is an inebriated citizen whom an officer decided he would not arrest but could not safely release on the streets either. A protective frisk for weapons produced not a weapon but a marijuana pipe. The State contends the existence of probable cause for operating a vehicle while intoxicated (OWI) by itself is enough to justify the search, and the subsequent arrest was a mere...

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