4. Community caretaker

State v. Shane M. Ferguson, 2001 WI App 102 For Ferguson: Melinda A. Swartz, SPD, Milwaukee Appellate Issue: Whether the warrantless, forced police entry of a locked closet was justified under the community caretaker doctrine. Holding: ¶12 After applying the Anderson test, we are satisfied that the police actions here qualified as ‘community caretaker.’ A search, to qualify… Read more

State v. Patrick E. Richter, 2000 WI 58, 235 Wis. 2d 524, 612 N.W.2d 29, reversing State v. Richter, 224 Wis. 2d 814, 592 N.W.2d 310 (Ct. App. 1999) For Richter: Susan Alesia, SPD, Madison Appellate Issue/Holding: ¶29 There are four well-recognized categories of exigent circumstances that have been held to authorize a law enforcement officer’s warrantless… Read more

State v. Rick R. Rome, 2000 WI App 243, 239 Wis.2d 491, 620 N.W.2d 225 For Rome: William E. Schmaal, SPD, Madison Appellate Issue/Holding: Police entry into a home and subsequent seizure of drugs in a closet was justified under the emergency doctrine: ¶12 In State v. Pires, 55 Wis. 2d 597, 201 N.W.2d 153 (1972)… Read more

State v. Walter Horngren, 2000 WI App 177, 238 Wis.2d 347, 617 N.W.2d 508 For Horngren: James M. Weber Issue/Holding1: ¶10 Horngren contends that the police entry, in response to a suicide threat, was made pursuant to WIS. STAT. § 51.15, “Emergency detention.” Therefore, he argues that the entry occurred while the officers were “engaging… Read more

State v. Curtis M. Agacki, 226 Wis.2d 349, 595 N.W.2d 31 (Ct. App. 1999) For Agacki: John M. Carroll. Issue: “(W)hether whether the psychotherapist-patient privilege can prevent a police officer, at a suppression motion hearing, from testifying about a psychotherapist’s account of a patient’s disclosure, which provided the basis for the officer’s probable cause to search… Read more