826 N.W.2d 418
Wis. Ct. App.2012Background
- Pugh appeals a judgment on a guilty plea to unlawfully possessing a firearm as a felon under Wis. Stat. § 941.29(2)(a).
- Milwaukee police Keller and Alvarado observed Pugh near 4475 North Hopkins, a vacant, boarded-up building, around 11 p.m. with no prior known contact.
- Pugh was five to ten feet from two cars beneath a no-parking sign; Keller activated a squad spotlight on him.
- Pugh claimed one car beneath the sign was his and said he had parked there since before the building was boarded up.
- Keller later inquired about the drug house at 4463 North Hopkins; Pugh denied knowledge and did not appear to be involved with drug activity; he began backing away, prompting the seizure.
- Alvarado grabbed Pugh’s left arm as he backed away; Pugh reached toward his right pocket, and Keller grabbed his right wrist after the initial contact; Pugh admitted having a gun.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial seizure violated the Fourth Amendment. | Pugh asserts no seizure occurred until the grab; walking away was lawful. | State contends the backing away plus blading created reasonable suspicion. | No, initial seizure unlawful; suppression required. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. Supreme Court 1968) (establishes stop-and-frisk with reasonable suspicion)
- Florida v. Bostick, 501 U.S. 429 (U.S. Supreme Court 1991) (lawful to approach and question; detainee may refuse to answer)
- United States v. Sokolow, 490 U.S. 1 (U.S. Supreme Court 1989) (establishes Terry-based reasonable suspicion standard)
- Illinois v. Wardlow, 528 U.S. 119 (U.S. Supreme Court 2000) (presence in high-crime area not alone enough for suspicion)
- Florida v. Royer, 460 U.S. 491 (U.S. Supreme Court 1983) (limits inquiries unless there is a seizure with restraint of liberty)
- Betow, 226 Wis. 2d 90 (Ct. App. 1999) (extra factors may justify more intrusive response)