7th circuit court of appeals decision Warrantless Entry – Emergency Doctrine – 911 Call According to David, the police violated the fourth amendment by entering without probable cause and refusing to leave as soon as Karen asked them to go. Like the district judge, we think that a 911 call provides probable cause for entry… Read more
3. Exigent circumstances
court of appeals decision (1-judge; not for publication); for Jenkins: Walter Arthur Piel, Jr.; BiC; Resp.; Reply Search & Seizure – Denial of Motion to Suppress without Evidentiary Hearing ¶2 n.2: Jenkins’ motion papers were inadequate and the circuit court would have been correct in denying him an evidentiary hearing. All Jenkins filed was a… Read more
court of appeals decision (1-judge, not for publication); BiC; Resp Br Search & Seizure – Warrantless Entry O’Connell had reasonable expectation of privacy in stairwell leading to his apartment; warrantless entry to stairwell, to investigate OWI complaint against O’Connell, “was not justified by exigent circumstances because at the time of the entry, the officers had… Read more
supreme court decision; court of appeals decision; for Carroll: Michael K. Gould, SPD, Milwaukee Appellate Frisk – Demand that Suspect Drop Object Frisk analysis applies to police demand that suspect drop object in hand, ¶22. ¶23 Here, Carroll led officers on a high-speed chase in a car that the officers had been observing in connection with an… Read more
court of appeals decision; for Phillips: Michael J. Backes; case activity Warrantless Entry – Exigent Circumstances ¶8 There are four exigent circumstances that may justify a warrantless search: “(1) an arrest made in ‘hot pursuit,’ (2) a threat to safety of a suspect or others, (3) a risk that evidence will be destroyed, and (4)… Read more
State v. Kelly R. Ferguson, 2009 WI 50, reversing unpublished opinion Issue/Holding: Support for warrantless entry of a residence to effectuate an arrest may be found where the offense is jailable, even if a misdemeanor; State v. Mikkelson, 2002 WI App 152 overruled: ¶27 Our review of the reasoning of Mikkelson, as compared with that of Welsh and Santana, causes us to overrule Mikkelson and… 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
