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5. Fresh pursuit doctrine

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State v. Steven T. Delap, 2018 WI 64, 6/6/18, affirming an unpublished court of appeals decision, 2016AP2196, case activity (including briefs) Police had two warrants to arrest Delap. They went to what someone had told them was his address, and someone they thought was Delap ran from them toward the back door of the residence. They… Read More

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State v. Christopher C. Bouchette, 2017AP820-CR, 10/26/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) A Wood County officer spotted Bouchette driving “at a higher rate of speed” near the county border.  He followed Bouchette for less than 5 minutes outside of his jurisdiction into Portage County and activated his siren. Bouchette… Read More

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New Berlin v. John Francis Downey, 2013AP 2352-FT, District 2, 5/14/14 (1-judge; ineligible for publication); case activity An on-duty police officer had authority to stop Downey outside his jurisdiction because he was acting in response to an “emergency situation,” § 175.40(6)(a), and because he was in fresh pursuit of a law violator, § 175.40(2). A West… Read More

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Village of Spring Green v. Michael D. Deignan, 2012AP1303, District 4, 2/28/13; court of appeals decision (1-judge, ineligible for publication); case activity The court of appeals rejects the claim that § 175.40(6), which authorizes an officer to arrest or provide aid or assistance anywhere in the state under written inter-agency agreements, should govern the lawfulness… Read More

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Arrest – Fresh Pursuit

State v. Randall Lee Sugden, 2012AP408-CR, District 4, 10/15/12 court of appeals decision (1-judge, ineligible for publication); case activity Arrest in Richland County by a Sauk County deputy sheriff was justified under the fresh pursuit doctrine, § 175.40(2). State v. Haynes, 2001 WI App 266, 248 Wis. 2d 724, 638 N.W.2d 82, discussed and applied: ¶12      Applying Haynes to the facts… Read More

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State v. Blair T. Davis, 2011AP320,District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Davis: Daniel J. Posanski; case activity Arrest by campus policeman, outside his jurisdiction, was justifiable under either citizen’s arrest, or fresh pursuit, doctrines. ¶5        The fresh pursuit doctrine states that any Wisconsin peace officer may pursue and arrest a suspect… Read More

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