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State of Wisconsin v. Frederick S. Smith

Date: 01-13-2018

Case Number: 2015AP756-CR

Judge: Rebecca Grassl Bradley

Court: Wisconsin Supreme Court

Plaintiff's Attorney: Tiffany M. Winter

assistant attorney general



Brad D. Schimel

attorney general



Lisa E.F. Kumfer

assistant attorney general

Defendant's Attorney: Christopher D. Sobic

assistant state public defender.

Description:
We are asked to decide whether the police violated Frederick S. Smith's Fourth Amendment rights when a police officer asked for his driver's license during a traffic stop even though reasonable suspicion for the stop dissipated as the officer approached the car, or when the police officer opened the passenger door after being

told the driver's door and window were broken. The Fourth Amendment protects "against unreasonable searches and seizures, and our analysis focuses on what is reasonable in light of the particular circumstances. See Terry v. Ohio, 392 U.S. 1, 21 (1968); see also Elkins v. United States, 364 U.S. 206, 222 (1960)("What the Constitution forbids is not all searches and seizures, but unreasonable searches and seizures.").
Outcome:
We hold that when an officer conducts a valid traffic stop, part of that stop includes checking identification, even if the reasonable suspicion that formed the basis for the stop in the first place has dissipated.
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of State of Wisconsin v. Frederick S. Smith?

The outcome was: We hold that when an officer conducts a valid traffic stop, part of that stop includes checking identification, even if the reasonable suspicion that formed the basis for the stop in the first place has dissipated.

Which court heard State of Wisconsin v. Frederick S. Smith?

This case was heard in Wisconsin Supreme Court, WI. The presiding judge was Rebecca Grassl Bradley.

Who were the attorneys in State of Wisconsin v. Frederick S. Smith?

Plaintiff's attorney: Tiffany M. Winter assistant attorney general Brad D. Schimel attorney general Lisa E.F. Kumfer assistant attorney general. Defendant's attorney: Christopher D. Sobic assistant state public defender..

When was State of Wisconsin v. Frederick S. Smith decided?

This case was decided on January 13, 2018.