State v. Jacob J. Faust, 2004 WI 99, reversing 2004 WI App 243, 267 Wis. 2d 783, 672 N.W.2d 97 For Faust: Stephen M. Seymour Issue: “(W)hether, under the Fourth Amendment to the United States Constitution and Article I, Section 11 of the Wisconsin Constitution, exigent circumstances exist for a nonconsensual warrantless blood draw after the police have… Read more
3. Exigent circumstances
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. Timothy T. Clark, 2003 WI App 121 For Clark: Rodney Cubbie Issue/Holding: Although warrantless automobile searches aren’t presumptively unreasonable, the automobile exception to the warrant requirement is inapplicable in the absence of probable cause to search the automobile. ¶18… Read more
State v. James L. Larson, 2003 WI App 150 For Larson: Rex Anderegg Issue/Holding: Exigent circumstances weren’t present to justify police entry of a residence to arrest a suspected drunk driver, Welsh v. Wisconsin, 466 U.S. 740 (1984) controlling. ¶¶17-22. … Read more
State v. Cara A. Erickson, 2003 WI App 43, PFR filed Issue: Whether a warrantless draw of blood satisfies State v. Bohling, 173 Wis. 2d 529, 533- 34, 494 N.W.2d 399 (1993) where there is probable cause but not an actual arrest. Holding: ¶12. .. (I)n the absence of an arrest, probable cause to believe blood currently… Read more
State v. James S. Riedel, 2003 WI App 18, PFR filed 1/27/03 For Riedel: Ralph A. Kalal Issue/Holding: Police not required to obtain warrant in order to test blood seized pursuant to Implied Consent Law; State v. VanLaarhoven, 2001 WI App 275 extended (VanLaarhoven consented to initial seizure, Riedel didn’t). ¶¶11-16. … 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
