C. Warrant unnecessary

court of appeals decision (1-judge, not for publication); BiC; Resp Br Search & Seizure – Warrantless Entry O’Connell had reasonable expectation of privacy in stairwell leading to his apartment; warrantless entry to stairwell, to investigate OWI complaint against O’Connell, “was not justified by exigent circumstances because at the time of the entry, the officers had… Read more

supreme court decision; court of appeals decision; for Carroll: Michael K. Gould, SPD, Milwaukee Appellate Frisk – Demand that Suspect Drop Object Frisk analysis applies to police demand that suspect drop object in hand, ¶22. ¶23      Here, Carroll led officers on a high-speed chase in a car that the officers had been observing in connection with an… Read more

court of appeals decision; for Pickens: Eileen A. Hirsch, SPD, Madison Appellate Reasonable Suspicion for Detention and “Collective Knowledge” Doctrine Although, “under the collective knowledge doctrine, an investigating officer with knowledge of facts amounting to reasonable suspicion may direct a second officer without such knowledge to stop and detain a suspect,” the state must prove those… Read more

court of appeals decision; for Phillips: Michael J. Backes; case activity Warrantless Entry – Exigent Circumstances  ¶8        There are four exigent circumstances that may justify a warrantless search: “(1) an arrest made in ‘hot pursuit,’ (2) a threat to safety of a suspect or others, (3) a risk that evidence will be destroyed, and (4)… Read more

State v. Kelly R. Ferguson, 2009 WI 50, reversing unpublished opinion Issue/Holding: Support for warrantless entry of a residence to effectuate an arrest may be found where the offense is jailable, even if a misdemeanor; State v. Mikkelson, 2002 WI App 152 overruled: ¶27      Our review of the reasoning of Mikkelson, as compared with that of Welsh and Santana, causes us to overrule Mikkelson and… Read more

State v. Todd Lee Kramer, 2009 WI 14, affirming 2008 WI App 62 For Kramer: Stephen J. Eisenberg, Marsha M. Lysen Issue/Holding: ¶37      We conclude that Wagner had an objectively reasonable basis for deciding that a motorist may have been in need of assistance when he stopped behind Kramer’s vehicle. Kramer was parked on the side of… Read more

State v. Antonio K. Phillips, 2009 WI App 179, PFR filed 11/25/09 For Phillips: Michael J. Backes Issue/Holding: Warrantless entry of residence, following controlled buy within it, was justified by the threat of destruction of evidence, given that, “after seeing the police outside the residence, Phillips retreated into the residence and shut the door after the police… Read more