State v. Jason L. Sedahl, 2010AP1097-CR, District 3, 10/5/10
court of appeals decision (1-judge, not for publication); for Sedahl: William A. Schembera; BiC; Resp.
The trial court erred in dismissing a pending charge on the theory that the charge (OWI) resulted from police failure to perform their community caretaker function (preventing him from driving):
¶12 … No Wisconsin case holds that the doctrine places an affirmative duty on police to intercede and take a person into preventative detention prior to the commission of a crime. No Wisconsin case authorizes the dismissal of criminal charges based on law enforcement officers’ failure to perform community caretaker functions. Sedahl has attempted to create a defense where none exists. There is no legal authority for the trial court’s use of the community caretaker doctrine to dismiss the charges against Sedahl.
