Warrantless Search – Motion to Suppress

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Jessie Gustave Ziegenhagen

Case No.: 2015AP2005-CR

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ

Focus: Warrantless Search – Motion to Suppress

This case concerns whether a warrantless search is constitutional under the community caretaker exception. Several witnesses informed police that a man and woman had been involved in a physical altercation in front of Jessie Ziegenhagen’s house. The witnesses also relayed that the woman had gone back inside. After looking around the house, noticing a door slightly ajar, and calling for the woman to no avail, the officers entered the home. Though they did not find the woman, the officers did see marijuana in plain sight. Following a warrant and seizure of the contraband, Ziegenhagen was charged with various crimes. Ziegenhagen complains the initial search violated his Fourth Amendment rights and—because the warrant for the subsequent search was based on information obtained during the first search—he moved to suppress the evidence. The circuit court disagreed, denied his motion to suppress, and concluded that the warrantless entry was justified under the community caretaker exception. We affirm

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