Emergency Exception – 4th Amendment

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Sandra D. Noren

Case No.: 2015AP1969-CR

Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.

Focus: Emergency Exception – 4^th Amendment

This appeal addresses the emergency exception to the Fourth Amendment prohibition against warrantless searches. Sandra D. Noren appeals from a judgment of conviction for possession of narcotic drugs under WIS. STAT. § 961.41(3g)(am) (2013-14). 2 Police responded to a 911 call of an overdose at Noren’s residence. When police arrived they found Noren unconscious on her kitchen floor. In an effort to assist in her emergency care, one of the officers searched Noren’s bedroom for the cause of her overdose, where he found heroin, pills, and drug paraphernalia. The officer promptly provided the information to emergency personnel who were treating Noren. Noren moved to suppress the evidence of the search, arguing that the officer’s search of the wardrobe in her bedroom exceeded the scope of what was permitted under the emergency exception. The circuit court denied the motion, finding that the officer’s search was limited in scope and it was reasonable for the officer to search for evidence of the cause of Noren’s overdose to assist medical personnel. We affirm.

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