COURT OF APPEALS
DATED AND FILED
December 23, 2009
David R. Schanker
Clerk of Court of Appeals
This opinion is subject to further editing. If
published, the official version will appear in
the bound volume of the Official Reports.
A party may file with the Supreme Court a
petition to review an adverse decision by the
Court of Appeals. See WIS. STAT. § 808.10
and RULE 809.62.
Appeal No. 2008AP1514-CR
Cir. Ct. No. 2003CF1826
STATE OF WISCONSIN
IN COURT OF APPEALS
STATE OF WISCONSIN,
SAMEEH J. PICKENS,
APPEAL from a judgment and an order of the circuit court for Dane
County: JAMES L. MARTIN, Judge. Judgment reversed; order affirmed in part,
reversed in part and cause remanded with directions.
Before Dykman, P.J., Lundsten and Higginbotham, JJ.
LUNDSTEN, J. Sameeh Pickens was detained outside a hotel
because the police suspected that he and others were involved in illegal drug
activity at the hotel. The police obtained incriminating evidence from Pickens and
from a hotel room in which Pickens was apparently staying. Pickens moved to
suppress this evidence, arguing that his detention was illegal and that the evidence
was obtained as a result of the illegal detention. The circuit court disagreed and
denied the motion. Pickens entered pleas and was convicted of two counts of
possession of cocaine with intent to deliver as party to a crime. On appeal,
Pickens challenges the suppression rulings.
The interaction of law and facts in this case is complicated. For
now, it must suffice to say that we will address the following questions:
In determining whether there is reasonable suspicion for an
investigative detention, may a court consider that officers have knowledge
of the bare fact that a person is suspected by other officers of prior criminal