CITY OF MILWAUKEE V. NELSON
439 N.W.2d 562 (1989)
NATURE OF THE CASE: This is a review of an unpublished court of appeals' decision which
reversed an order of the Circuit Court for Milwaukee County. The circuit court had ruled
that Milwaukee City Ordinance 106-31(1)(a), a loitering ordinance, was unconstitutionally
vague and overbroad. It also found the ordinance and sec. 800.02(6), Stats. 1987-88 which
permits arrest for ordinance violations, contravened the fourth amendment of the United
States Constitution and art. I, sec. 11, of the Wisconsin Constitution. The court of appeals
reversed these determinations.
FACTS: Nelson (D) was arrested for violating a loitering ordinance for the city of
Milwaukee. The ordinance was substantially identical to the Model Penal Code section 250.6.
D was noticed by police in a high crime area for drug trafficking, loitering, and public
drinking. No loitering signs were posted. D was noticed shaking hands with pedestrians and
auto passengers. At no time did the officers observe any money or drugs changing hands and
they did not know D nor did they have any information that he was a suspect in any way. The
officers approached and D fled the scene to a nearby bar. They left and the activity resumed
once again. The officers approached again and D quickly entered the tavern. The officers
followed and asked D to account for his activities outside the tavern. D replied that he was
doing nothing. D was arrested for loitering and patted down. D was placed in a police van
and taken to the police station. A handgun was discovered in the police van and D admitted
it was his and that it was stolen. D was charged with carrying a concealed weapon and theft.
D pled guilty to violating the loitering ordinance. D's counsel then filed suppression
against the handgun based on an illegal arrest. D was convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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