On Point: C. Warrant unnecessary

State v. John Tomlinson, Jr., 2002 WI 91, affirming 2002 WI App 212, 247 Wis. 2d 682, 635 N.W.2d 201
For Tomlinson: John J. Gray

Issue: Whether the police had consent from a minor to enter the defendant’s home in order to arrest him.

Holding: Warrantless entry of a home to effectuate an arrest requires probable cause and exigent circumstances or consent.

Village of Little Chute v. Todd A. Walitalo, 2002 WI App 211, PFR filed 8/1/02
For Walitalo: Ralph A. Kalal

Issue/Holding:

¶11. However, the arresting officer, by reading the informing the accused form, simply stated the truth: If Walitalo refused to submit to a chemical test, his driving privileges would be revoked. This statement did not involve any deceit or trickery, but instead accurately informed Walitalo of his precise legal situation. 

State v. Charles A. Wallace, 2002 WI App 61
For Wallace: Martha K. Askins, SPD, Madison Appellate

Issue: Whether Wallace’s consent for a strip search encompassed the more intrusive body cavity search that ensued (Wallace bent over and spread his buttocks).

Holding:

¶29. We have concluded that Wallace voluntarily consented to a strip search, and the parties agree that a visual body cavity search was ultimately conducted.

State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02
For Stout: James L. Fullin, Jr., SPD, Madison Appellate

Issue: Whether the police must have reasonable suspicion before seeking consent to enter a residence.

Holding:

¶17. We hold that there is no Fourth Amendment requirement of reasonable suspicion as a prerequisite to seeking consent to enter a dwelling. We find support for this holding in federal automobile search cases.

State v. Tina M. Miller, 2002 WI App 150, PFR filed 6/3/03
For Miller: Timothy A. Provis

Issue/Holding: Based on evidence that the dog had been trained in drug detection, the police had probable cause to search the automobile once the dog alerted them, including probable cause to search a purse within the car. ¶¶12-15

But, keep in mind this potentially important limitation,

State v. Dennis L. Daggett, 2002 WI App 32, PFR filed 1/10/02
For Daggett: Julie A. Smith

Issue: Whether a warrantless draw of blood, following OWI arrest, is necessarily unreasonable if performed at the jail rather than hospital.

Holding: There is no bright-line rule that a blood draw must be made in a hospital setting to be constitutionally reasonable. Instead, there is “a spectrum of reasonableness”: blood withdrawn by a medical professional in a medical setting is generally reasonable;

State v. Michael J. Kryzaniak/Sherry L. Kryzaniak, 2001 WI App 44
For Kryzaniak: Raymond G. Meyer II

Issue: Whether warrantless entry of a residence to arrest a third party was justified by the exigent circumstance of hot pursuit.

Holding:

¶18 … (T)here was no immediate or continuous pursuit of a suspect from the scene of a crime; thus, there was no hot pursuit and no exigent circumstances.… There was no pursuit here,

State v. Edward Garrett, 2001 WI App 240, PFR filed
For Garrett: Michael P. Sessa

Issue: Whether warrantless entry of defendant’s apartment was justified under the exigent circumstances doctrine (risk that evidence — drugs — will be destroyed).

Holding: Warrantless entry of a residence may be justified where both probable cause and exigent circumstances are shown. Probable cause is conceded, leaving exigent circumstances — in this instance,

State v. Daniel Rodriguez, 2001 WI App 206, PFR filed 9/19/01
For Rodriguez: Diana Felsmann, SPD, Milwaukee Appellate

Issue: Whether warrantless police entry of a residence was justified under the following circumstances: the location was a drug “hot spot”; before entry, undercover officers saw three people enter and quickly leave; drug arrests had been made at the home two months earlier; and, when the undercover officers approached defendant,

State v. Kelsey C.R., 2001 WI 54
For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate

Issue: Whether, if a seizure did occur when the police told a potentially vulnerable juvenile girl in a high crime area to “stay put,” it was justified under the community caretaker doctrine.

Holding: (Lead, three-vote opinion:) Given the “strong public interest in locating runaway children and juveniles,” along with the perception that “(a) juvenile [such as Kelsey],