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STATE v. KOLK

No. 2006AP31-CR.

726 N.W.2d 337 (2006)

2006 WI App 261

STATE of Wisconsin, Plaintiff-Appellant, v. Calvin R. KOLK, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed November 22, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Peggy A. Lautenschlager, attorney general, and Sarah K. Larson, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Michael D. Zell of Zell Peterson, LLC of Milwaukee.

Before BROWN, NETTESHEIM and ANDERSON, JJ.

¶1 BROWN, J.

In this case, a roadside frisk led to the discovery of drugs without a prescription, providing the justification for the arrest of the defendant driver and a search of his vehicle that uncovered more drugs. The State argued before the trial court that the frisk was valid because there was reasonable suspicion that the driver was carrying drugs or, alternatively, that the driver consented to it. The trial court rejected the State's arguments and suppressed...

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