warrantless search and seizure
An officer making an arrest at a suspect’s home pursuant to a warrant, after the suspect opens the door, can arrest for a narcotics violation based on narcotics in plain sight in the room. Schill v. State, 50 Wis. 2d 473, 184 N.W.2d 858 (1971).
Police officers properly in an apartment where drugs are discovered may pat down the pockets of a stranger who walks in and may seize a large, hard object felt in order to protect themselves. State v. Chambers, 55 Wis. 2d 289, 198 N.W.2d 377 (1972).
After stopping and frisking the defendant properly, discovering several cartridges, the police were justified in looking under the car seat and in the glove compartment for a gun. State v. Williamson, 58 Wis. 2d 514, 206 N.W.2d 613 (1973).
When a valid arrest is made without a warrant, the officer may conduct a limited search of the premises. Leroux v. State, 58 Wis. 2d 671, 207 N.W.2d 589 (1973).
When an officer, mistakenly believing in good faith that the occupants of a car had committed a crime, stopped the car and arrested the occupants, the arrest was illegal, but a shotgun in plain sight on the back seat could be seized and used in evidence. State v. Taylor, 60 Wis. 2d 506, 210 N.W.2d 873 (1973).
When officers stopped a car containing three men meeting the description of robbery suspects within seven minutes after the robbery and found a gun on one, they could properly search the car for other guns and money. State v. Russell, 60 Wis. 2d 712, 211 N.W.2d 637 (1973).
Given a valid arrest, a search is not limited to weapons or evidence of a crime, nor need it be directed to or related to the purpose of the arrest, because one who has contraband or evidence of a crime on one’s person travels at the person’s own risk when the person is validly arrested for any reason, hence the reasonableness of a search incident to the arrest no longer depends on the purpose of the search in relation to the object of the arrest. State v. Mabra, 61 Wis. 2d 613, 213 N.W.2d 545 (1974).
Under the “open fields” doctrine, evidence that a body was found 450 feet from the defendant’s house during random digging done at the direction of the sheriff acting without a warrant was properly admitted into evidence. Conrad v. State, 63 Wis. 2d 616, 218 N.W.2d 252 (1974).
Seizure by police of a large quantity of marijuana from the defendants’ 155-acre farm did not contravene their 4th amendment rights. State v. Gedko, 63 Wis. 2d 644, 218 N.W.2d 249 (1974).
The search of the defendant’s wallet after the defendant’s arrest on unrelated charges that led to the discovery of a newspaper article about a crime that, after questioning, the defendant admitted to committing was proper in order to find weapons or contraband that might have been hidden there. State v. Mordeszewski, 68 Wis. 2d 649, 229 N.W.2d 642 (1975).
The seizure by police officers of a box of cartridges from under the edge of a couch on which the defendant was resting at the time of the defendant’s arrest was proper under the plain-view doctrine, since if police had a prior justification to be present in a position to see an object in plain view and its discovery was inadvertent, the object may be seized, and the use of a flashlight by one of the officers did not defeat the inadvertence requirement. Sanders v. State, 69 Wis. 2d 242, 230 N.W.2d 845 (1975).
A warrantless search of two persons for concealed weapons was reasonable when an armed robbery with a sawed-off shotgun had been committed a short time before by two men, one of whom matched the description given for one of the robbers. Penister v. State, 74 Wis. 2d 94, 246 N.W.2d 115 (1976).
The doctrine of exigency is founded upon actions of the police that are considered reasonable. The element of reasonableness is supplied by a compelling need to assist the victim or apprehend those responsible, not the need to secure evidence. West v. State, 74 Wis. 2d 390, 246 N.W.2d 675 (1976).
A warrantless search by a probation officer was constitutionally permissible when probable cause existed for the officer to attempt to determine whether the probationer had violated the terms of probation. State v. Tarrell, 74 Wis. 2d 647, 247 N.W.2d 696 (1976).
The plain view doctrine does not apply if the observation is not made inadvertently or if the officer does not have the right to be in the place from which the observation is made. State v. Monahan, 76 Wis. 2d 387, 251 N.W.2d 421 (1977).
Discussing warrantless searches of automobiles. Thompson v. State, 83 Wis. 2d 134, 265 N.W.2d 467 (1978).
Discussing the criteria used as justification for warrantless searches of students by teachers. L.L. v. Circuit Court, 90 Wis. 2d 585, 280 N.W.2d 343 (Ct. App. 1979).
A warrantless entry under the emergency rule justified a subsequent entry that did not expand the scope or nature of the original entry. La Fournier v. State, 91 Wis. 2d 61, 280 N.W.2d 746 (1979).
An investigatory stop-and-frisk for the sole purpose of discovering a suspect’s identity was lawful under the facts of the case. State v. Flynn, 92 Wis. 2d 427, 285 N.W.2d 710 (1979).
Furnishing police with the bank records of a depositor who had victimized the bank was not an unlawful search and seizure. State v. Gilbertson, 95 Wis. 2d 102, 288 N.W.2d 877 (Ct. App. 1980).
Evidence obtained during a mistaken arrest is admissible as long as the arresting officer acts in good faith and has reasonable articulable grounds to believe that the suspect is the intended arrestee. State v. Lee, 97 Wis. 2d 679, 294 N.W.2d 547 (Ct. App. 1980).
A warrantless entry into the defendant’s home was validated by the emergency doctrine when the officer reasonably believed lives were threatened. State v. Kramer, 99 Wis. 2d 306, 298 N.W.2d 568 (1980).
The warrantless search of a fisherman’s truck by state conservation wardens under statutory inspection authority was presumptively reasonable. State v. Erickson, 101 Wis. 2d 224, 303 N.W.2d 850 (Ct. App. 1981).
A detained suspect’s inadvertent exposure of contraband was not an unreasonable search. State v. Goebel, 103 Wis. 2d 203, 307 N.W.2d 915 (1981).
Under Tyler, 436 U.S. 499 (1978), the warrantless search of an entire building on the morning after a localized fire was reasonable as it was the continuation of the prior night’s investigation that had been interrupted by heat and nighttime circumstances. State v. Monosso, 103 Wis. 2d 368, 308 N.W.2d 891 (Ct. App. 1981).
A warrantless entry into a home was validated by the emergency doctrine when an official’s reasonable actions were motivated solely by the perceived need to render immediate aid or assistance, not by the need or desire to obtain evidence. State v. Boggess, 115 Wis. 2d 443, 340 N.W.2d 516 (1983).
Police having probable cause to believe a vehicle contains criminal evidence may search the vehicle without a warrant or exigent circumstances. State v. Tompkins, 144 Wis. 2d 116, 423 N.W.2d 823 (1988).
Fire fighting presents exigent circumstances justifying a warrantless entry. A fire fighter may contact police to inform them of the presence of illegal possessions in plain view. A subsequent warrantless search and seizure is proper. State v. Gonzalez, 147 Wis. 2d 165, 432 N.W.2d 651 (Ct. App. 1988).