Follow Us

Facebooktwitter
≡ Menu

5. Knock and talk

State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs) Police arrested Gajewski in the curtilage of her home without a warrant and exigent circumstances.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

{ 0 comments }

State v. Christopher D. Wilson, 2020AP1014-CR, petition for review of an unpublished decision granted 11/17/21; case activity (including briefs) Issue presented (from the petition): Did the police have implicit license to enter the backyard of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

{ 0 comments }

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

{ 0 comments }

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

{ 0 comments }

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

{ 1 comment }

“Knock-and-Talk” – Seizure

County of Calumet v. Daniel A. Ryan, 2011AP490, District 2, 12/14/11 court of appeals decision (1-judge, not for publication); for Ryan: John M. Carroll; case activity Officers, investigating a one-car accident, approached Ryan’s home, knocked on his door and “(a)fter several minutes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

{ 0 comments }

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

{ 1 comment }

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

{ 0 comments }