On Point: e. Hot pursuit

State v. Christopher D. Wilson, 2022 WI 77, 11/23/22, reversing an unpublished decision of the court of appeals, 2020AP1014; case activity (including briefs)

Someone called the police to report that a vehicle was driving erratically “all over the road.” The caller said the car had stopped in the alley behind a particular house and described its driver getting out, climbing up on the fence to reach over an unlatch a gate, and going into the backyard.

State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs)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

Lange v. California, USSC No. 20-18, 141 S.Ct. 2011, 6/23/21, vacating People v. Lange

Lange was playing loud music with his car windows down and honking his horn when he happened past a California highway patrol officer. The officer turned on his lights to pull Lange over, but Lange was close to home: he continued 100 feet and pulled into his garage. The officer entered the garage and ultimately arrested Lange for misdemeanor drunk driving. The California Court of Appeal held that “hot pursuit” is always an exigency: that is, it excuses an officer from needing a warrant to enter the home, even when the officer is pursuing someone suspected of a misdemeanor. This is the position our state supreme court has adopted as well. State v. Ferguson, 2009 WI 50, ¶¶20-30, 317 Wis. 2d 586, 767 N.W.2d 187. The Supreme Court now rejects this per se rule, holding that the usual “totality of the circumstances” test must govern whether warrantless intrusion of the home is justified.

Lange v. California, USSC No. 20-18, certiorari granted 10/19/20; vacated and remanded, 6/23/21

Question presented:

Does pursuit of a person who a police officer has probable cause to believe has committed a misdemeanor categorically qualify as an exigent circumstance sufficient to allow the officer to enter a home without a warrant?

State v. Jeffrey L. Ionescu, 2019 WI App 68; case activity (including briefs)

A homeowner told police that he found a burglar in his car and saw him run west across his yard. About 10 minutes later, officer and a trained tracking dog headed in that direction for about 30 minutes. The officer saw footprints, and the dog detected scent, off and on along the way. Eventually they reached the yard of burglar’s mother and entered it without a warrant. She let them enter her home where they found Ionescu. Was this pursuit cold, warm or hot?

State v. Jonalle L. Ferraro, 2018AP498, 11/8/18, District 4 (one-judge decision; ineligible for publication); case activity

As in Palmersheim just last week, here we have another successor to Weber from the 2016 term – an officer follows a driver (or recent driver) into his or her garage to arrest.

State v. Steven D. Palmersheim, 2018AP746, 10/31/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

This is the state’s appeal of the circuit court’s grant of a suppression motion. A motorist called the police saying another car on the road was wildly swerving; the caller stayed with the swerving vehicle until it stopped on a residential street. When a police officer arrived in response to the car, the caller told him the driver, Palmersheim, had gotten out of the car and urinated in the street.

Review of an unpublished court of appeals decision; case activity (including briefs)

Issue (from petition for review):

Whether the doctrine of hot pursuit always justifies a forcible warrantless entry into the residence of one suspected of minor criminal activity. In the present case, the court of appeals declined to consider Mr. Delap’s argument that the conduct of law enforcement in this case, even if justified as legitimate ‘hot pursuit’ of a fleeing suspect, was nonetheless unreasonable under the Fourth Amendment. Although Mr. Delap’s argument presented a chain of reasoning and citation to legal authority, the court of appeals characterized the argument as ‘undeveloped’ and did not consider it.

State v. Steven T. Delap, 2016AP2196-CR, 4/20/17, District 4 (one-judge decision; ineligible for publication), petition for review granted 7/18/17, affirmed, 2018 WI 64; case activity (including briefs)

Police tried to arrest Delap outside his home on warrants for fleeing from a couple of traffic stops, but when they approached and said “stop, police,” Delap fled into his home. The police followed and arrested him inside. (¶¶3-6). Delap’s challenge to his arrest is no more successful than his attempt to flee.

State v. Richard L. Weber, 11/29/16, 2016 WI 96, reversing a per curiam court of appeals decision, 2014AP304-CR; case activity (including briefs)

A deputy activates his emergency lights upon seeing a car with a defective brake lamp weave over a highway fog line. The car slows for 100 feet, turns right into a driveway, and pulls into a garage attached to a house.  The deputy apprehends the driver inside the garage.  Was there a 4th Amendment violation?