On Point: 3. Exigent circumstances

State v. Walter Horngren, 2000 WI App 177, 238 Wis.2d 347, 617 N.W.2d 508
For Horngren: James M. Weber

Issue/Holding1:

¶10 Horngren contends that the police entry, in response to a suicide threat, was made pursuant to WIS. STAT. § 51.15, “Emergency detention.” Therefore, he argues that the entry occurred while the officers were “engaging in traditional law enforcement duties,” not community caretaker duties. We disagree.

State v. Robert W. Wodenjak, 2001 WI App 216, PFR filed 8/31/01
For Wodenjak: Rex Anderegg

Issue: Whether administration of a blood test, following OWI arrest, was reasonable under the fourth amendment, where the police first rejected the driver’s request for a (less invasive) breath test.

Holding: As long as the standard for warrantless blood draw established by State v. Bohling,

State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998)
For Stankus: Steven J. Watson

Issue/Holding: Though the officer had never touched cocaine before, his discovery of a white, flour-like susbtance in clear plastic bags under the seat supported probable cause. And, because he therefore had probable cause to believe the vehicle contained evidence of a crime, he was entitled to search every part of it,

State v. Scott Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997)
For Kiekhefer: Linda Hornik

Issue/Holding: The odor of burning marijuana from within a closed bedroom did not create exigent circumstances for the police, who did have permission to be in the house, to enter the bedroom:

According to Londre, they believed Kiekhefer was in possession of a large amount of marijuana.