3. Exigent circumstances

State v. Kevin Raphael Lee, 2009 WI App 96, PFR filed 7/1/09 For Lee: Robert E. Haney Issue/Holding: Warrantless entry of residence is supported when the State demonstrates both probable cause and exigent circumstances, ¶7. Exigent circumstances include: (1) hot pursuit of suspect; (2) threat to someone’s safety; (3) risk of evidence destruction; and (4) likelihood suspect… Read more

State v. Jermichael James Carroll, 2008 WI App 161, affirmed on other grounds, 2010 WI 8 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding:  Continued possession of Carroll’s cell phone justified, though Carroll not in custody. Expectation of privacy in cell phone analogous to that attending “closed container” such as luggage, as to which detention of container… Read more

State v. Eric Dwayne Rogers, 2008 WI App 176, PFR filed 12/12/08 For Rogers: Mark D. Richards Issue/Holding: Warrantless entry of Rogers’ home, following seizure of contraband from his car, was unlawful: ¶19      In this case, the police entered Rogers’ residence after seizing contraband from his car and person and then seeing Rogers’ brother and others at… 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. Dwight M. Sanders, 2007 WI App 174, affirmed on different ground, 2008 WI 85 For Sanders: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: To overcome its presumptive prohibition, warrantless entry of a residence must be supported by both probable cause and exigent circumstances (the latter including hot pursuit, threat to safety, risk of destroyed evidence, and… 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. Tabitha A. Sherry, 2004 WI App 207, PFR filed 11/19/04 For Sherry: Craig R. Day Issue/Holding: ¶15. Sherry next argues that, regardless whether the officer legally stopped her car, the subsequent warrantless non-consent search of her car was illegal. An automobile may be searched without a warrant if there is probable cause to search… Read more