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01-3116 State v. Mielke

By: dmc-admin//September 10, 2002//

01-3116 State v. Mielke

By: dmc-admin//September 10, 2002//

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Officers responded to defendant’s residence on a report that defendant had struck his girlfriend and that she was spitting blood. Both officers were experienced in domestic abuse calls, and one had been called to this residence for this purpose several times.

Even though the victim met the officers on the porch and said that nothing was wrong, where officers noted that victim was shaking, crying, and cowering in a corner, it was reasonable for officers to believe that the victim’s continued safety was threatened and that therefore exigent circumstances existed, making it reasonable for them to follow her into the house as she retreated.

Defendant was charged with recklessly endangering another’s safety, being armed while under the influence of alcohol, battery and felony bail jumping; we reverse the circuit court’s approval of defendant’s motion to suppress.

Reversed.

Recommended for publication in the official reports.

Dist III, Outagamie County, Des Jardins, J., Peterson, J.

Attorneys:

For Appellant: Jennifer E. Nashold, Madison; Kimberly A. Tenerelli, Appleton

For Respondent: David J. Van Lieshout, Little Chute

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