846 N.W.2d 483
Wis. Ct. App.2014Background
- On Aug. 8, 2012 around 11 p.m., Milwaukee police officers in a marked squad car observed Patrick Gordon and two friends walking in a well‑lit, high‑crime area.
- Officer Ticcioni testified he watched Gordon make a one‑ or two‑second pat to the outside of his left front pants pocket after noticing the squad car; officers described that gesture as a "security adjustment."
- The officers stopped the three, asked to see their hands, frisked them, and found a small .22 pistol on Gordon plus small amounts of crack cocaine and marijuana.
- Gordon moved pre‑plea to suppress the gun and drugs; the circuit court denied suppression, and Gordon pled guilty to concealed‑weapon and cocaine charges while preserving the suppression appeal.
- The Court of Appeals reviewed de novo whether the stop was supported by an objective reasonable suspicion under Terry and reversed the denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable, individualized suspicion to stop Gordon based on his momentary pat ("security adjustment") in a high‑crime area after seeing the squad car | The State: the pat combined with location, late hour, and recognition of police provided reasonable suspicion the person might be armed unlawfully | Gordon: a momentary touch of clothing is innocent conduct; being in a high‑crime area and seeing police do not supply the required individualized suspicion | The court held the pat plus being in a high‑crime area and recognizing police did not amount to objective reasonable suspicion; stop was unlawful and suppression should've been granted |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes stop‑and‑frisk reasonable‑suspicion framework)
- Florida v. J.L., 529 U.S. 266 (2000) (anonymously reported, uncorroborated behavior must permit confidence that suspect is armed to justify frisk)
- United States v. Sokolow, 490 U.S. 1 (1989) (reasonable‑suspicion inquiry is objective and fact‑specific)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (flight on seeing police can support reasonable suspicion; presence in high‑crime area alone is insufficient)
- State v. Pugh, 345 Wis. 2d 832 (Ct. App. 2013) (applies objective reasonable‑suspicion test under Terry)
- State v. Morgan, 197 Wis. 2d 200 (1995) (cautions against hindsight justification for frisks)