This section contains the nature of the case and procedural background.

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.

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