Legal Question in Criminal Law in Wisconsin

Search & Seizure

John Doe was sitting on the porch of his neighbor�s house when the police arrived with a search warrant. The target of the search warrant was Mr. Doe�s neighbor, Jane Smith, and her place of residence. Before executing the search the police brought all of the occupants of the house at that time including John Doe and Jane Smith into the living room. Once in the living room the police did a pat down frisk of the individuals. As the officer was patting down Mr. Doe, he felt a small, soft, lump in his right, front, pants pocket. The police officer immediately believed it to be cocaine and reached into the pocket and removed a small plastic bag containing a white, powdery, substance, later determined to be cocaine.

What are the issues in this matter?

Should the cocaine be suppressed?


Asked on 12/28/02, 11:16 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: Search & Seizure

These are very fact specific inquiries, so I would need to see the warrant, supporting affidavit, all the reports and speak with the witnesses prior to responding. Generally speaking, police can do a weapons pat down for safety reasons in almost any situation where their duties bring them into contact with members of the public, and any contraband uncovered during such searches is fair game. Although there may have been a question with regard to bringing Mr. Doe back into the house in this scenario, they could almost certainly have patted him down out on the porch. The exact wording of the warrant will be critical.

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Answered on 12/29/02, 7:18 am


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