State v. Terion Lamar Robinson, 2009 WI App 97
For Robinson: Beth A. Eisendrath
Issue/Holding: Given the trial court finding that Robinson either lived or stayed at the apartment, the police were authorized to enter to effectuate his arrest under auspices of an arrest warrant:
¶16 In Blanco, the police, who had an arrest warrant for Blanco, entered an apartment where they believed Blanco was staying. Id., 237 Wis. 2d 395, ¶2. The police relied on the statement of another occupant of the building, who said Blanco had been outside the apartment building smoking a cigarette just before the police arrived, and another occupant told them that Blanco had returned to the apartment. Id. We concluded that this information, coupled with a tip that Blanco was staying at the apartment, was sufficient information for the police to enter the apartment. Id., ¶¶16-17, 20. “An arrest warrant authorizes the police to ‘enter the suspect’s residence to execute the warrant if there is reason to believe he will be found there; the officer does not need a search warrant.’” Id., ¶10 (quoting United States v. Pallais, 921 F.2d 684, 690 (7th Cir. 1990) (citing Payton, 445 U.S. at 603)).
¶17 Here, the officers believed that they had a valid felony arrest warrant for Robinson. They knew that he was in the apartment and refused to open the door. They believed that Robinson lived at the apartment because two pieces of information given by the citizen were corroborated. Robinson was in the identified apartment and had the cell phone number given by the informant. When the police heard footsteps moving away from the door suggesting a possible escape attempt or a destruction of evidence, exigent circumstances were created permitting the officers to kick in the door.
