State v. Ashley M. Toliver, 2010AP484-CR, District 2, 1/26/11 court of appeals decision (3-judge, not recommended for publication); for Toliver: Elizabeth Ewald-Herrick; case activity Community caretaker doctrine supported, in the first instance, search of seemingly lost purse found in common area of apartment building; and, in the second, entry of apartment after co-inhabitant requested officer… Read more
4. Community caretaker
court of appeals decision (1-judge, not for publication); for Sagen: Charles W. Giesen, Jessica Jean Giesen; case activity; Sagen BiC; State Resp.; Reply Traffic Stop – Community Caretaker A yell from inside a passing truck justified a stop under the community caretaker doctrine. ¶13 We conclude that the facts as found by the circuit court satisfy this… Read more
State v. Kathleen A. Ultsch, 2011 WI App 17(recommended for publication); for Ultsch: Shelley Fite, SPD, Madison Appellate; case activity; Ultsch BiC; State Resp.; Reply Warrantless entry into a home, supposedly to check on the well-being of a suspected drunk driver just involved in an accident, wasn’t justified under the community caretaker doctrine; State v. Pinkard, 2010… Read more
State v. Dennis Butler, 2010AP864-CR, District 2, 10/13/10 court of appeals decision (1-judge, not for publication); for Butler: Kathleen A. Lindgren; BiC; Resp. Frisk upheld, where initial contact came within community caretaker function, and Butler then gave cause to believe he was armed and dangerous. ¶13 We hold that Pergande properly exercised his community caretaker function during… Read more
State v. Jason L. Sedahl, 2010AP1097-CR, District 3, 10/5/10 court of appeals decision (1-judge, not for publication); for Sedahl: William A. Schembera; BiC; Resp. The trial court erred in dismissing a pending charge on the theory that the charge (OWI) resulted from police failure to perform their community caretaker function (preventing him from driving): ¶12 … … Read more
State v. Juiquin A. Pinkard, 2010 WI 81, affirming unpublished decision; for Pinkard: Richard L. Zaffiro; BiC; Resp.; Reply The community caretaker function, which allows the police “to protect persons and property,” supports warrantless entry of a home. Exercising this function, the police justifiably entered Pinkard’s home in response to an anonymous phone report that… Read more
court of appeals decision (1-judge, not for publication); for Miller: Dudley A. Williams; BiC; Resp.; Reply Community Caretaker Miller caught the attention of the police by driving very slowly, early in the morning, and pulling into the parking lot of a closed business. But he soon drove off, and neither committed any traffic violations nor… Read more
court of appeals decision (i-judge; not for publication); for Rice: Tracey A. Wood; BiC; Resp.; Reply Search & Seizure – Denial of Motion to Suppress without Evidentiary Hearing ¶6 Regarding the applicability of [State v.] Garner [, 207 Wis. 2d 520, 558 N.W.2d 916 (Ct. App. 1996) to the present case, we find no published… Read more
