2009AP3049 City of Sheboygan v. Cesar

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Search and Seizure
Constructive entry

Where police officers did not ask to be permitted entry to a suspect’s home, and only said they would get a warrant if he did not come out to talk, there was no constructive entry of the home in violation of the Fourth Amendment.

“The record reflects that after the officers’ attempts to gain Cesar’s attention, Cesar finally approached the window and conversed with them. While Cesar points to his initial indication that he did not wish to speak with the officers, there is no indication that he left the window. Instead, Cesar then engaged in a ‘back and forth’ in which the officers attempted to persuade him to cooperate. During this exchange at the window, the officers did not make any threats toward Cesar to force him to exit his residence, they did not threaten to enter his residence, and they did not request entry into his residence. The officers simply requested Cesar to speak with them, and informed Cesar that if he chose not to speak with them, they would obtain a warrant. Implicit in this information is that Cesar could, in fact, ignore their requests that he cooperate and choose not to speak with them. The record reflects that Cesar, however, chose to engage in conversation and eventually exit the residence.”

Affirmed.

Recommended for publication in the official reports.

2009AP3049 City of Sheboygan v. Cesar

Dist. II, Sheboygan County, Stengel, J., Neubauer, J.

Attorneys: For Appellant: Mishlove, Andrew, Milwaukee; Stuckert, Lauren, Glendale; For Respondent: Adams, Charles C., Sheboygan

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