On Point blog, page 12 of 15

Warrantless Entry of Residence – Exigency – Effectuate Misdemeanor Arrest

State v. Kelly R. Ferguson, 2009 WI 50, reversing unpublished opinion

Issue/Holding: Support for warrantless entry of a residence to effectuate an arrest may be found where the offense is jailable, even if a misdemeanor; State v. Mikkelson, 2002 WI App 152 overruled:

¶27      Our review of the reasoning of Mikkelson, as compared with that of Welsh and Santana,

Read full article >

Exigency – Destruction of Evidence (Drugs) – Entry of Residence – Following Controlled Buy

State v. Antonio K. Phillips, 2009 WI App 179, PFR filed 11/25/09
For Phillips: Michael J. Backes

Issue/Holding: Warrantless entry of residence, following controlled buy within it, was justified by the threat of destruction of evidence, given that, “after seeing the police outside the residence, Phillips retreated into the residence and shut the door after the police ordered him to stop,” ¶11. State v.

Read full article >

Exigency – “Protective Sweep” as Incident of Destruction of Evidence

State v. Kevin Raphael Lee, 2009 WI App 96, PFR filed 7/1/09
For Lee: Robert E. Haney

Issue/Holding: Police investigating complaint of drug dealing were entitled to enter apartment and conduct “protective sweep” when they saw, through the open front door, clear evidence of drugs:

¶13      The officers who presented themselves at Lee’s front door were investigating a complaint of drug activity at Lee’s address.

Read full article >

Warrantless Entry – Exigent Circumstances, Generally

State v. Antonio K. Phillips, 2009 WI App 179, PFR filed 11/25/09
For Phillips: Michael J. Backes

Issue/Holding:

¶8        There are four exigent circumstances that may justify a warrantless search: “(1) an arrest made in ‘hot pursuit,’ (2) a threat to safety of a suspect or others, (3) a risk that evidence will be destroyed, and (4) a likelihood that the suspect will flee.” State v.

Read full article >

Warrantless Entry of Residence – Exigent Circumstances, Generally

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 will flee, ¶9.

The court goes on to collapse the 2nd and 3rd categories of exigencies,

Read full article >

Exigency – Detention of Personal Property of non-Custodial Suspect: Cell Phone Displays Evidence of Drug Trafficking

State v. Jermichael James Carroll, 2008 WI App 161, affirmed on other grounds2010 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 must be supported by probable cause to believe it contains evidence of crime and by exigent circumstances,

Read full article >

Warrantless Entry of Residence – No Exigent Circumstances

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 the scene talking on their phones.

Read full article >

Warrantless Entry of Residence – Exigency — Destruction of Evidence (Drugs)

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 from [the defendant’s] apartment.” Hughes,

Read full article >

Warrantless Entry of Residence – Generally

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 likelihood of flight), ¶¶10-13.

 

Read full article >

Exigency: “Safety Exception”

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 full article >