Search and Seizure — warrantless searches

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Wisconsin Court of Appeals

Criminal

Search and Seizure — warrantless searches

Police responding to a hit-and-run accident forced their way into and searched Jesse Schwartz’s residence without a warrant, resulting in four drug charges against Schwartz. The circuit court suppressed the drug evidence, finding that police did not have a valid reason for searching Schwartz’s residence. We affirm. Neither the community caretaker nor the protective sweep exceptions to the Fourth Amendment’s warrant requirement justified the search as police did not have a reasonable basis to believe that another individual was in the residence at the time of the search. As this conclusion is dispositive of the issue presented in this appeal, i.e., suppression of the evidence for the drug charges, we do not reach the question of whether the police were justified to enter Schwartz’s residence to check on his well-being under their community caretaker function. Not recommended for publication in the official reports.

2013AP1868-CR State v. Schwartz

Dist II, Sheboygan County, Bolgert, J., Reilly, J.

Attorneys: For Appellant: Whelan, Maura F.J., Madison; Haberman, Nathan F., Sheboygan; For Respondent: Limbeck, George, Sheboygan