State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs) Police arrested Gajewski in the curtilage of her home without a warrant and exigent circumstances. While this makes the arrest unlawful, the evidence obtained from the arrest is not subject to suppression because police had probable cause to… Read more
5. Knock and talk
State v. Christopher D. Wilson, 2020AP1014-CR, petition for review of an unpublished decision granted 11/17/21; case activity (including briefs) Issue presented (from the petition): Did the police have implicit license to enter the backyard of Mr. Wilson’s home through a gated privacy fence? Someone called 911 to report erratic driving; the caller relayed that the vehicle had… Read more
State v. Christopher D. Wilson, 2020AP1014-CR, District 1, 5/11/21 (one-judge decision; ineligible for publication); PfR granted 11/17/21; case activity (including briefs) Police lawfully entered Wilson’s backyard under the “knock and talk” exception to the Fourth Amendment warrant requirement. The officers were investigating a 911 call of an erratic driver. They found the car described by… Read more
State v. Brett C. Basler, 2018AP2299-CR, District 2, 5/15/19 (one-judge decision; ineligible for publication); case activity (including briefs) Police entered Basler’s home looking for a driver suspected of hitting a Hardee’s® restaurant while operating while intoxicated. They didn’t have a warrant. There were no exigent circumstances. The entry was unlawful. The police walked up the front… Read more
Jeremy Carroll v. Andrew Carman, et ux., USSC No. 14-212, 11/10/14 (per curiam), reversing and remanding Carman v. Carroll, 749 F.3d 192 (3rd Cir. 2014); docket A police officer being sued under 18 U.S.C. § 1983 for violating the Fourth Amendment doesn’t lose qualified immunity as a matter of law because he went to the back door… Read more
County of Calumet v. Daniel A. Ryan, 2011AP490, District 2, 12/14/11 court of appeals decision (1-judge, not for publication); for Ryan: John M. Carroll; case activity Officers, investigating a one-car accident, approached Ryan’s home, knocked on his door and “(a)fter several minutes of ‘back and forth,’ Ryan came out of his residence” (admittedly “voluntarily”). Subsequent… Read more
Kentucky v. Hollis Deshaun King, USSC No. 09-1272, 5/16/11, reversing, King v. Commonwealth, 302 S.W.3d 649 (2010) The exigent circumstances exception to the warrant requirement (here, imminent destruction of evidence) isn’t circumscribed by whether the exigency was “police-created.” It is well established that “exigent circumstances,” including the need to prevent the destruction of evidence, permit… Read more
City of Sheboygan v. Brian J. Cesar, 2010 WI App 170 (recommended for publication); for Cesar: Andrew Mishlove, Lauren Stuckert; Cesar BiC; City Resp.; Reply; AG Amicus Police, investigating a recent traffic accident, knocked on Cesar’s door and rang his doorbell “numerous” times for up to 10 minutes, and threatened to remain until he came… Read more