On Point: 5. Fresh pursuit doctrine

State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs)

Police arrested Gajewski in the curtilage of her home without a warrant and exigent circumstances. While this makes the arrest unlawful, the evidence obtained from the arrest is not subject to suppression because police had probable cause to arrest her.

State v. Jennifer A. Jenkins, 2020AP1243-CR, 3/1/22, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs)

Jenkins, convicted of OWI 2nd, raised some interesting and unusual challenges to the trial court’s order denying her motion to suppress.  (1) The arresting officer’s testimony was incredible as a matter of law. (2) He unlawfully stopped her car outside of his jurisdiction. And (3) her blood draw was painful, inordinately long, and therefore unreasonable. The court of appeals rejected all of them.

State v. Steven T. Delap, 2018 WI 64, 6/6/18, affirming an unpublished court of appeals decision, 2016AP2196, case activity (including briefs)

Police had two warrants to arrest Delap. They went to what someone had told them was his address, and someone they thought was Delap ran from them toward the back door of the residence. They chased him, prevented him from closing the door, and arrested him.

State v. Christopher C. Bouchette, 2017AP820-CR, 10/26/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)

A Wood County officer spotted Bouchette driving “at a higher rate of speed” near the county border.  He followed Bouchette for less than 5 minutes outside of his jurisdiction into Portage County and activated his siren. Bouchette did not pull over. He veered across the center line and drove into a ditch, which led to a search and a charge of driving with a PAC (2nd offense). Bouchette moved to suppress evidence that the officer obtained outside of his jurisdiction.

New Berlin v. John Francis Downey, 2013AP 2352-FT, District 2, 5/14/14 (1-judge; ineligible for publication); case activity

An on-duty police officer had authority to stop Downey outside his jurisdiction because he was acting in response to an “emergency situation,” § 175.40(6)(a), and because he was in fresh pursuit of a law violator, § 175.40(2).

Village of Spring Green v. Michael D. Deignan, 2012AP1303, District 4, 2/28/13; court of appeals decision (1-judge, ineligible for publication); case activity

The court of appeals rejects the claim that § 175.40(6), which authorizes an officer to arrest or provide aid or assistance anywhere in the state under written inter-agency agreements, should govern the lawfulness of defendant’s arrest because it is more specific than Wis. Stat. § 175.40(2), which authorizes an officer to arrest while engaging “in fresh pursuit” anywhere in the state:

¶14      ….

State v. Randall Lee Sugden, 2012AP408-CR, District 4, 10/15/12

court of appeals decision (1-judge, ineligible for publication); case activity

Arrest in Richland County by a Sauk County deputy sheriff was justified under the fresh pursuit doctrine, § 175.40(2). State v. Haynes, 2001 WI App 266, 248 Wis. 2d 724, 638 N.W.2d 82, discussed and applied:

¶12      Applying Haynes to the facts of this case,

State v. Blair T. Davis, 2011AP320,District 2, 6/22/11

court of appeals decision (1-judge, not for publication); for Davis: Daniel J. Posanski; case activity

Arrest by campus policeman, outside his jurisdiction, was justifiable under either citizen’s arrest, or fresh pursuit, doctrines.

¶5        The fresh pursuit doctrine states that any Wisconsin peace officer may pursue and arrest a suspect “anywhere in the state” for a violation of any law or ordinance that the officer is authorized to enforce as long as the officer is in “fresh pursuit.”  Wis.