State v. George Toland Ziedonis, 2005 WI App 249 For Ziedonis: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶14 One such exception is the community caretaker function, which arises when the actions of the police are “totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.” State v. Anderson… Read more
4. Community caretaker
State v. Walter Leutenegger, 2004 WI App 127 For Leutenegger: Bill Ginsberg Issue/Holding: ¶12. A warrantless home entry is presumptively unreasonable under the Fourth Amendment. Richter, 235 Wis. 2d 524, ¶28. The government bears the burden of establishing that a warrantless entry into a home occurred pursuant to a recognized exception to the warrant requirement. See State v. Hughes… Read more
State v. Robert A. Ragsdale, 2004 WI App 178, PFR filed 8/5/04For Ragsdale: Timothy T. Kay Issue/Holding: ¶14. Moreover, the questioning of the boy here presents a situation analogous to the safety exceptions set forth in New York v. Quarles, 467 U.S. 649, 654-60 (1984), and its progeny. Quarles set forth a public safety exception to the requirement for Mirandawarnings… Read more
State v. Timothy T. Clark, 2003 WI App 121 For Clark: Rodney Cubbie Issue/Holding: Police tow of an automobile for “safekeeping,” even though “none of the typical public safety concerns illustrated by Opperman are at issue,” but rather on the ground that the vehicle was unlocked and therefore potentially at risk of theft, was unreasonable because effective alternatives… Read more
State v. Scott Michael Harwood, 2003 WI App 215 For Harwood: Pat J. Schott, Margaret G. Zickuhr Issue: Whether warrantless entry was supported by both probable cause and exigent circumstances, as required by State v. Hughes, 2000 WI 24, ¶17, 233 Wis. 2d 280, 607 N.W.2d 621, based upon a tenant’s reporting a break-in at another apartment… Read more
State v. Mark S. Mielke, 2002 WI App 251, PFR filed 10/3/02 For Mielke: David J. Van Lieshout Issue/Holding: Warrantless entry of a residence by the police, to investigate a domestic violence report concededly providing probable cause, was supported by exigent circumstances where the police could reasonably conclude that the safety of the reported victim was being compromised… Read more
State v. Dennis Lee Londo , State v. Richard John Vernon, 2002 WI App 89, PFR filed 4/2/02 For Londo: Michael B. Plaisted For Vernon: Dennis P. Coffey, Seth P. Hartigan Issue: Whether the police were justified in warrantless entry and search of a residence, during which they seized contraband, in order to investigate a reported burglary. Holding: The police… Read more
State v. Kelsey C.R., 2001 WI 54 For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate Issue: Whether, if a seizure did occur when the police told a potentially vulnerable juvenile girl in a high crime area to “stay put,” it was justified under the community caretaker doctrine. Holding: (Lead, three-vote opinion:) Given the “strong public interest… Read more
