2010AP484-CR State v. Toliver

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Search and Seizure
Community caretaker function

Ashley Toliver appeals her judgment of conviction on the basis that the trial court erroneously denied her earlier motion to suppress evidence. She argues that her Fourth Amendment rights were violated on two occasions: when a police officer opened her purse to look for identification after finding it on the ground in a public area, and when the same officer entered an apartment afterwards, where she co-resided. Both instances occurred in relation to a potential suicide attempt—which, it turns out, involved Toliver’s cohabitant. The State argues that Toliver’s rights were not violated because the officer was acting in his capacity as a community caretaker in both situations. We agree with the State—the officer’s first action was an attempt to find out the identity of the owner of the lost purse and the other action was part of the officer’s securing of the residence, which Toliver’s cohabitant had asked the officer to do. Accordingly, we affirm.  Not recommended for publication in the official reports.

2010AP484-CR State v. Toliver

Dist II, Winnebago County, Schmidt, J., Brown, C.J.

Attorneys: For Appellant: Ewald-Herrick, Elizabeth, Merton; For Respondent: Gossett, Christian A., Oshkosh; Dietrich, Thomas E., Madison

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