State v. Buchanan, 2011 WI 49

Buchanan was stopped on I-94 for speeding; the trooper observed furtive arm movements suggesting placement of something under the seat and noted weaving.
Buchanan appeared very nervous with shaking hands; the trooper obtained Buchanan’s license and ran a criminal history and arrest records.
Backup was requested; after backup arrived, the trooper performed a short frisk of Buchanan and a cursory frisk of areas within the driver’s reach.
During the frisk, the trooper saw a piece of green plant material on the car floor and smelled marijuana; a field test tested positive for THC.
Buchanan moved to suppress the marijuana arguing the stop lacked reasonable suspicion and the frisk was unlawful; the circuit court denied suppression and he was convicted.
The court of appeals affirmed, and the supreme court granted review to determine the legality of the protective search and the plain-view seizure.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was reasonable suspicion to justify a protective frisk	Buchanan argues furtive movements and arrest history are insufficient	Buchanan contends combined factors do not amount to reasonable suspicion	Yes; totality of circumstances supports reasonable suspicion
Whether the contraband was in plain view during a lawful protective search	Buchanan contends plant material was not in plain view	State argues contraband was in plain view once officer bent down	Yes; plain-view seizure valid within lawful protective search
Whether arrest history information meaningfully augmented the suspicion	Buchanan asserts prior arrests alone are insufficient	State contends arrest history added context to observations	Yes; combined with other factors it supported reasonable suspicion

State v. Johnson, 299 Wis. 2d 675 (Wis. 2007) (insufficient basis for protective search when furtive movement alone relied on)
State v. Eason, 245 Wis.2d 206 (Wis. 2001) (arrest records insufficient for no-knock warrant absent other facts; good-faith exception noted)
State v. Sumner, 312 Wis.2d 292 (Wis. 2008) (unusual nervousness as factor in totality of circumstances)
State v. Kyles, 269 Wis.2d 1 (Wis. 2004) (protective search standard; case-by-case totality of circumstances)
State v. Guy, 172 Wis.2d 86 (Wis. 1992) (plain-view doctrine and limits of Terry frisk)
Michigan v. Long, 463 U.S. 1032 (U.S. 1983) (limits of protective searches during Terry investigation; contraband found in car may be seized)
Maryland v. Buie, 494 U.S. 325 (U.S. 1990) (protective sweeps to ensure officer safety during encounters)
Arizona v. Gant, 129 S. Ct. 1710 (U.S. 2009) (limits on searches incident to arrest in vehicles)