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STATE v. MATTHEWS

No. 2010AP1712-CR.

799 N.W.2d 911 (2011)

2011 WI App 92

STATE of Wisconsin, Plaintiff-Appellant, v. Deshon C. MATTHEWS, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed May 17, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of J.B. Van Hollen, attorney general, and Christine A. Remington , assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Paul G. Bonneson , Wauwatosa.

Before FINE, KESSLER and BRENNAN, JJ.

FINE, J.

¶ 1 The determinative issue on this appeal is whether police officers may, in order to find out what's "afoot," see Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), stop and question a person wearing a ski mask and hoodie they see late at night in a high-crime area near a woman who was walking away from the hooded and masked person and who appeared to be frightened. The circuit court held that...

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