State v. Jennifer M. Parisi, 2014 WI App 129; case activity The warrantless entry into Parisi’s apartment was lawful because police had probable cause to believe the apartment contained evidence of a crime and there were exigent circumstances justifying entry without a warrant. Police went to Parisi’s apartment building in response to a drug activity complaint. The complainant said she’d… Read more
c. Destruction of evidence
Riley v. California, USSC No. 13-132 (together with United States v. Wurie, USSC No. 13-212), 2014 WL 2864483 (June 25, 2014), reversing People v. Riley, No. D059840 (Cal. App. 4th Dist. 2013) (unpublished) (and affirming United States v. Wurie, 728 F.3d 1 (1st Cir. 2013)); Scotusblog case page (which includes links to briefs and commentary) and symposium page (additional opinion commentary) In a… Read more
State v. Jeffrey G. Vanden Huevel, 2013AP1107-CR, District 3, 10/8/13; court of appeals decision (1-judge; ineligible for publication); case activity After rolling his car over early one morning Vanden Huevel left the scene of the accident and went back to his cabin. (¶¶1-7). A sheriff’s deputy named Kelley located the cabin and started knocking on… Read more
State v. Antonio K. Phillips, 2009 WI App 179, PFR filed 11/25/09 For Phillips: Michael J. Backes Issue/Holding: Warrantless entry of residence, following controlled buy within it, was justified by the threat of destruction of evidence, given that, “after seeing the police outside the residence, Phillips retreated into the residence and shut the door after the police… Read more
State v. Kevin Raphael Lee, 2009 WI App 96, PFR filed 7/1/09 For Lee: Robert E. Haney Issue/Holding: Police investigating complaint of drug dealing were entitled to enter apartment and conduct “protective sweep” when they saw, through the open front door, clear evidence of drugs: ¶13 The officers who presented themselves at Lee’s front door were investigating… Read more
State v. Dwight M. Sanders, 2007 WI App 174, affirmed on different ground, 2008 WI 85 For Sanders: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶32 In both Hughes and Garrett, the police officers actually detected the presence of drugs within the residence before they entered without a warrant. In Hughes, the officers smelled the “unmistakable odor of marijuana coming… Read more
State v. Edward Garrett, 2001 WI App 240, PFR filed For Garrett: Michael P. Sessa Issue: Whether warrantless entry of defendant’s apartment was justified under the exigent circumstances doctrine (risk that evidence — drugs — will be destroyed). Holding: Warrantless entry of a residence may be justified where both probable cause and exigent circumstances are shown. Probable… Read more
State v. Daniel Rodriguez, 2001 WI App 206, PFR filed 9/19/01 For Rodriguez: Diana Felsmann, SPD, Milwaukee Appellate Issue: Whether warrantless police entry of a residence was justified under the following circumstances: the location was a drug “hot spot”; before entry, undercover officers saw three people enter and quickly leave; drug arrests had been made at… Read more
