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c. 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… Read More

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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… Read More

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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… Read More

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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… Read More

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State v. Vanessa D. Hughes, 2000 WI 24, 233 Wis. 2d 280, 607 N.W.2d 621, reversing unpublished decision, cert. denied, __ U.S. __ (2001).For Hughes: Andrea Taylor Cornwall, SPD, Milwaukee Appellate. Issue1: Whether “the combination of the strong odor of marijuana coming from the apartment, and the knowledge on the part of the occupants that the police are… Read More

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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… Read More

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