On Point blog, page 1 of 1
Exigent circumstances justified warrantless entry into apartment; officer’s earlier steps past the threshold “irrelevant”
State v. Cordarol M. Kirby, 2014 WI App 74; case activity
The court of appeals holds that “while exigent circumstances may justify entry, the fact that entry has already been made does not necessarily invalidate reliance on the exigent circumstances doctrine.” (¶22). Thus, because in this case there were exigent circumstances justifying police entry into an apartment to locate a backpack the police believed contained firearms, it “does not matter” that an officer had earlier stepped over the threshold of the apartment door to converse with people inside.
Reasonable Expectation of Privacy – Guest: Permissive Use of Mobile Home
State v. Sean R. Fox, 2008 WI App 136
For Fox: Daniel M. Berkos
Issue/Holding: Permissive guest who had not stayed overnight lacked expectation of privacy in a mobile home:
¶21 The facts of this case contrast with those of Trecroci and more closely resemble those of Carter. Fox’s relationship to his hosts, Terry and McCoy,
Expectation of Privacy — Guest — Premises Used Primarily for Commercial Purposes
State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126
For defendants: Robert R. Henak
Issue: Whether a guest temporarily on premises used primarily for commercial purposes had standing to assert suppression of evidence seized after unlawful police entry.
Holding:: Notwithstanding certain language in Minnesota v. Carter, 525 U.S.
Expectation of Privacy — Guest — Overstaying Welcome
Kelly L. McCray, 220 Wis. 2d 705, 583 N.W.2d 668 (Ct. App. 1998)
For McCray: Paul LaZotte
Issue/Holding: A guest who has exceeded his authorized stay loses any expectation of privacy in the residence