State v. David C. Marker, 2014AP1122-CR, District 2, 12/10/14 (1-judge decision; ineligible for publication); case activity The stop of the vehicle Marker was driving was justified under the community caretaker exception because, based on a call from Marker’s ex-wife, police had reason to believe Marker was driving while intoxicated with his children in the vehicle. The three elements of the community… Read more
4. Community caretaker
Dane County v. Joshua H. Quisling, 2013AP2743, 10/16/14, District 4, (1-judge decision, ineligible for publication); case activity Applying the “community caretaker” doctrine, the court of appeals held that a police officer was justified in stopping Quisling’s car based upon an informant’s tip that he was suicidal. Evidence obtained after the stop need not be suppressed… Read more
Review of an unpublished court of appeals decision; case activity Issues (composed from the State’s Petition for Review) Did the police have probable cause to arrest Dean Blatterman for operating with a prohibited alcohol concentration, where police were aware Blatterman had three prior OWI convictions, and thus had a .02 PAC threshold? Did the police… Read more
State v. Walter J. Kugler, 2014AP220, District 2, 9/17/14 (one-judge opinion, ineligible for publication); case activity Kugler challenged his first OWI conviction by arguing that the state trooper who stopped him did not have the requisite probable cause and improperly requested, as a community caretaker, that he submit to a PBT (which he refused). The… Read more
City of LaCrosse v. Corina Ducharme, 2014AP374, District 4, 8/7/14 (1-judge; ineligible for publication); case activity The stop of Ducharme’s car was justified under the community caretaker doctrine because the officer had objectively reasonable grounds to be concerned about the safety of the driver, as the car was parked at a boat landing at 2:40 a.m. with… Read more
State v. Jesse N. Schwartz, 2013AP1868-CR, District 2, 7/30/14 (not recommended for publication); case activity The community caretaker exception to the Fourth Amendment’s warrant requirement didn’t justify the search of Schwartz’s home because police did not have a reasonable basis to believe another individual was in the home at the time of the search. Police suspected… Read more
Krysta Sutterfield v. City of Milwaukee, No. 12-2272 (7th Cir. May 9, 2014) Nine hours after obtaining a § 51.15 emergency detention order, Milwaukee police officers forcibly entered Sutterfield’s home without a warrant, opened a locked container, and seized the handgun and concealed carry licenses that were in the container. Sutterfield filed a civil rights suit against them… Read more
State v. Dyllon A. Maddix, 2013 WI App 64; case activity The warrantless search of an apartment by police who responded to a domestic disturbance call was not justified under the community caretaker doctrine: ¶37 …. Under the facts of this case, after the officers validly exercised the community caretaker function by entering… Read more
