State v. Sisk, No. 00-2614-CR.

CourtCourt of Appeals of Wisconsin
Writing for the CourtBefore Wedemeyer, P.J., Fine and Schudson, JJ.
Citation634 N.W.2d 877,247 Wis.2d 443,2001 WI App 182
PartiesSTATE of Wisconsin, Plaintiff-Appellant, v. Michael A. SISK, Defendant-Respondent.
Decision Date31 July 2001
Docket NumberNo. 00-2614-CR.

247 Wis.2d 443
2001 WI App 182
634 N.W.2d 877

STATE of Wisconsin, Plaintiff-Appellant,
v.
Michael A. SISK, Defendant-Respondent

No. 00-2614-CR.

Court of Appeals of Wisconsin.

Submitted on briefs July 6, 2001.

Decided July 31, 2001.


247 Wis.2d 444
On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Christian R. Larsen, assistant attorney general

On behalf of the defendant-respondent, the cause was submitted on the brief of Elvis Cardell Banks, of the Law Offices of Elvis Cardell Banks, of Milwaukee.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

¶ 1. SCHUDSON, J.

The State of Wisconsin appeals from the trial court order dismissing the charge of possession of a firearm by a felon, against Michael A. Sisk, following a suppression motion hearing. The State argues that the court erred in viewing the informant's 9-1-1 call in this case as an anonymous tip and, therefore, in failing to correctly consider the totality of the circumstances. Because the 9-1-1 caller in this case gave what he said was his name, we agree with the State. Accordingly, we reverse.

¶ 2. The facts are undisputed. They were offered at the motion hearing by the parties' stipulation to: (1) the information in the computer-assisted dispatch report

247 Wis.2d 445
of the 9-1-1 call;1 and (2) the information in the police reports prepared by the arresting officer, his partner, and the detective who interviewed Sisk following the arrest

¶ 3. At 11:42 P.M. on February 9, 2000, a City of Milwaukee Police Department dispatcher received a telephone call from a person reporting that he had seen two men enter a building at 2466 North Teutonia Avenue with guns.2 The caller described their race and clothing, and he also said that his name was "Sedrick Forbes."

¶ 4. Police officers responded to the target address, arriving at 11:48 P.M. They observed two men, matching the caller's descriptions, sitting in a car one-half block from 2466 North Teutonia Avenue. The police approached the car, briefly questioned the suspects, and one of the officers asked Sisk, who was in the passenger's seat, to get out. The officer frisked Sisk and found a gun in his pants pocket.

¶ 5. Ruling that the police did not have reasonable suspicion to stop Sisk, the trial court granted his motion to suppress. Significantly, the court commented that "the critical legal decision" it had to make was whether the call was "an anonymous tip or not." Concluding that it was, the court reasoned that the fact that the caller gave a name was not enough to establish the reliability of the information because the call (coming

247 Wis.2d 446
from a payphone), and the caller (leaving nothing other than his name to identify himself), had not allowed for verification. The court stated
[I]f there was something about Mr. Forbes giving his name that help [sic] us link back to him so we could prosecute him if it was a false tip[,] or if there is something there where we could track it down to flush it out or corroborate or to have him come to court and tell us what he saw, then I would say it's not an anonymous tip[,] but simply giving us his name and calling from a pay phone is the same in my mind as if he was anonymous.

Therefore, the court explained, because the tip "gave no predictive information and the information that it gave about Mr. Sisk's clothing and his location is something that anybody on the street who is willing to make something up about Mr. Sisk could have given," the information was insufficient to justify the stop.

¶ 6. The State argues that the trial court erred in viewing the call as an anonymous one. The State contends that because the caller gave what he said was his name, this case is significantly distinguishable from Florida v. J.L., 529 U.S. 266 (2000), in which the United States Supreme Court concluded that "an anonymous tip that a person is carrying a gun is, without more, [in]sufficient to justify a police officer's stop and frisk of that person." Id. at 268. The State is correct.

[1]

¶ 7. A trial court's determination of whether undisputed facts establish reasonable suspicion justifying police to perform an investigative stop presents a question of constitutional fact, subject to de novo review. See State v. Williams, 2001 WI 21, ¶ 18, 241 Wis. 2d 631, 623 N.W.2d 106. As the Wisconsin Supreme Court recently reiterated:

247 Wis.2d 447
A law enforcement officer may lawfully stop an individual if, based upon the officer's experience, she or he reasonably suspects "that criminal activity may be afoot." Wisconsin codified the Terry [v. Ohio, 392 U.S. 1 (1968)] stop standard in Wis. Stat. §
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33 practice notes
  • State v. Linde, No. 2014AP2445–CR.
    • United States
    • Court of Appeals of Wisconsin
    • August 2, 2016
    ...99, ¶ 12, 726 N.W.2d 337 ; State v. Powers, 2004 WI App 143, ¶ 9, 275 Wis.2d 456, 685 N.W.2d 869 ; State v. Sisk, 2001 WI App 182, ¶ 8, 247 Wis.2d 443, 634 N.W.2d 877. Further, Robinson is the primary basis for the State's argument, but it did not involve an entirely anonymous informant. Th......
  • State v. Brown, No. 2007AP1938-CR (Wis. App. 7/30/2008), No. 2007AP1938-CR.
    • United States
    • Court of Appeals of Wisconsin
    • July 30, 2008
    ...was not anonymous, which reflects on his veracity and the reliability of his report. The State relies on State v. Sisk, 2001 WI App 182, 247 Wis. 2d 443, 634 N.W.2d 877, and State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565 (1986), for the proposition that a named informant may provide the sole......
  • State v. Powers, No. 03-2450-CR.
    • United States
    • Court of Appeals of Wisconsin
    • June 16, 2004
    ...the motion. The court, relying upon State v. Rutzinski, 2001 WI 22, 241 Wis. 2d 729, 623 N.W.2d 516, and State v. Sisk, 2001 WI App 182, 247 Wis. 2d 443, 634 N.W.2d 877, held that the tip from the Osco clerk, Corona, was reliable and Bethia properly relied upon that tip and his personal obs......
  • State v. Colstad, No. 01-2988-CR.
    • United States
    • Court of Appeals of Wisconsin
    • January 30, 2003
    ...an investigative stop presents a question of constitutional fact, subject to de novo review." State v. Sisk, 2001 WI App 182, ¶ 7, 247 Wis. 2d 443, 634 N.W.2d [1-4] ¶ 9. The State argues there was reasonable suspicion to believe Colstad had committed a criminal violation, such as causi......
  • Request a trial to view additional results
33 cases
  • State v. Linde, No. 2014AP2445–CR.
    • United States
    • Court of Appeals of Wisconsin
    • August 2, 2016
    ...99, ¶ 12, 726 N.W.2d 337 ; State v. Powers, 2004 WI App 143, ¶ 9, 275 Wis.2d 456, 685 N.W.2d 869 ; State v. Sisk, 2001 WI App 182, ¶ 8, 247 Wis.2d 443, 634 N.W.2d 877. Further, Robinson is the primary basis for the State's argument, but it did not involve an entirely anonymous informant. Th......
  • State v. Brown, No. 2007AP1938-CR (Wis. App. 7/30/2008), No. 2007AP1938-CR.
    • United States
    • Court of Appeals of Wisconsin
    • July 30, 2008
    ...was not anonymous, which reflects on his veracity and the reliability of his report. The State relies on State v. Sisk, 2001 WI App 182, 247 Wis. 2d 443, 634 N.W.2d 877, and State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565 (1986), for the proposition that a named informant may provide the sole......
  • State v. Powers, No. 03-2450-CR.
    • United States
    • Court of Appeals of Wisconsin
    • June 16, 2004
    ...the motion. The court, relying upon State v. Rutzinski, 2001 WI 22, 241 Wis. 2d 729, 623 N.W.2d 516, and State v. Sisk, 2001 WI App 182, 247 Wis. 2d 443, 634 N.W.2d 877, held that the tip from the Osco clerk, Corona, was reliable and Bethia properly relied upon that tip and his personal obs......
  • State v. Colstad, No. 01-2988-CR.
    • United States
    • Court of Appeals of Wisconsin
    • January 30, 2003
    ...an investigative stop presents a question of constitutional fact, subject to de novo review." State v. Sisk, 2001 WI App 182, ¶ 7, 247 Wis. 2d 443, 634 N.W.2d [1-4] ¶ 9. The State argues there was reasonable suspicion to believe Colstad had committed a criminal violation, such as causi......
  • Request a trial to view additional results

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