On Point blog, page 1 of 1
COA finds exigent circumstances based on screaming and a slap
State v. Jesse Rogalla, 2019AP1486-CR, 10/26/21, District 3 (1-judge opinion, ineligible for publication; case activity (including briefs)
Officer Klieforth was dispatched to a home after someone reported that Rogalla was yelling at a woman inside. Klieforth heard both parties screaming, peeked in a window, saw Rogalla yelling as a woman knelt before him crying “You don’t have to do this” and “Why?” After hearing a loud slap, Klieforth entered without a warrant based on fear for the woman’s safety.
Exigency – Domestic Violence – Entry of Residence
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.
This terse little opinion (4+ pp) bids to do for DV cases what California v.