(DOWNLOAD) "State Wisconsin v. David Paul anderson" by 2004 United States Court of Appeals for the Second Circuit August Term # Book PDF Kindle ePub Free
eBook details
- Title: State Wisconsin v. David Paul anderson
- Author : 2004 United States Court of Appeals for the Second Circuit August Term
- Release Date : January 04, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
David P. Anderson appeals his convictions for one count of carrying a concealed weapon contrary to sec. 941.23, Stats., and one count of possession of a firearm by a felon contrary to sec. 941.29(1) and (2), Stats. Anderson contends that the stop, seizure and search of his vehicle and person were unconstitutional. The trial court held that the search and seizure was valid under Terry v. Ohio, 392 U.S. 1 (1968) and sec. 968.24, Stats., the "temporary detention statute." Upon appeal, the state does not defend the trial courts ruling under sec. 968.24. Instead, the state contends that the search and seizure of Andersons vehicle and person were valid under the police "community caretaker" function. We agree that this case does not present a sec. 968.24 "temporary detention" situation. Therefore we reverse the trial courts judgment. Because factual issues remain to be resolved under the "community caretaker" function, we remand for further proceedings.
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