2009AP2690-CR State v. Ayala

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Search and Seizure
Exigent circumstances

Where police would risk the safety of civilians and their own by waiting to get a warrant, a warrantless entry was justified by exigent circumstances.

“[A] delay in obtaining a warrant might have facilitated an escape, or an escape attempt by Ayala, possibly with the assistance of his acquaintances who were still in the apartment or persons unknown in the tavern. In considering the factors and objective test described in Smith, we conclude that the officers ‘reasonably believe[d] that delay in procuring a warrant would gravely endanger life or risk destruction of evidence or greatly enhance the likelihood of [Ayala’s] escape.’ See id., 131 Wis. 2d at 230. Had the officers waited for a warrant to enter the bedroom while guarding the slightly open door of the bedroom they reasonably believed an armed and dangerous suspect to be in, both police and civilians either in the apartment or in the tavern below would have been at an unreasonable risk of injury had Ayala awakened and realized the circumstances. The alternative of the officers surrounding the building while waiting for a warrant was also not a viable solution for two reasons. First, the additional time needed to obtain enough police officers to secure the property (including the tavern) increased the risk that Ayala would awaken and attempt to escape. The commotion that additional law enforcement presence would cause would likely draw a crowd, make Ayala aware of the presence and intent of police, and increase the risk of injury to the officers and civilians if, as the officers suspected, Ayala was armed and/or attempted escape. Second, police uncertainty as to how many people might render assistance to Ayala increased their risk of injury, as well as the risk to civilians, had Ayala become aware of the circumstances during the delay required to obtain a warrant. We conclude that Ayala’s arrest was lawful because the urgency reasonably perceived by the officers was compelling, and the danger they reasonably perceived for themselves and others if they did not move quickly was substantial. Based on all the circumstances known to a reasonable police officer at the time, exigent circumstances made the warrantless entry into the bedroom constitutionally permissible.”

Affirmed.

Recommended for publication in the official reports.

2009AP2690-CR State v. Ayala

Dist. I, Milwaukee County, Wagner, J., Kessler, J.

Attorneys: For Appellant: Kohler, Martin E., Milwaukee; Powell, Craig S., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Neuser, Mark, Madison

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