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
4. Community caretaker
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
State v. Daniel Cervantes, 2011AP1858-CR, District 1, 2/12/13; court of appeals decision (not recommended for publication); case activity The police lacked probable cause to arrest Cervantes when he opened the door of his apartment (¶¶10-16); there were neither exigent circumstances nor community caretaker grounds for the police to enter Cervantes’s apartment following his arrest to do… Read more
State v. Juan G. Gracia, 2013 WI 15; affirming unpublished court of appeals decision; case activity Warrantless Entry – “community caretaker” exception Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine because the police had an objectively reasonable basis to believe Gracia… Read more
State v. Pamela L. Hammersley, 2012AP1131-CR, District 2, 9/26/12 court of appeals decision (1-judge, ineligible for publication); case activity Stop of vehicle, assertedly for violating local trespassing ordinance, held not supportable: ¶3 It is settled law that a stop cannot be based on an officer’s mistaken understanding of the law. State v. Longcore, 226 Wis. 2d 1… Read more
on review of unpublished court of appeals decision; for Gracia: Tracey A. Wood; case activity Warrantless Entry – Community Caretaker / OWI Enhancer – Collateral Attack Issues (Composed by On Point): Whether the community caretaker doctrine supported entry into Gracia’s bedroom after the police linked him to a serious traffic accident. Whether Gracia’s waiver of counsel in a prior… Read more
court of appeals decision (1-judge, not for publication); for Gracia: Tracey A. Wood; case activity; petition for review granted 5/14/12 Warrantless Entry – Community Caretaker Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine; State v. Ultsch, 2011 WI App 17, 331 Wis. 2d… Read more
State v. Michael P. Parizanski, 2011AP395, District 2, 11/30/11 court of appeals decision (1-judge, not for publication); for Parizanski: Andrew Mishlove; case activity Seizure of motorist who had parked by the side of a road, leading to an OWI arrest, was supported by community caretaker rationale as informed by State v. Kramer, 2009 WI 14, 315 Wis… Read more
