2010AP1499-CR State v. Nowak

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Search and Seizure
Warrantless entry; hot pursuit

Jenny Nowak appeals her convictions for failing to stop and resisting an officer. Nowak asserts her convictions must be dismissed because the officer unlawfully entered her garage without a warrant; the circuit court erred by rejecting her proposed jury instruction and by failing to instruct the jury on exigent circumstances; the State prevented her from testifying; and she was never identified at trial.

We conclude the officer lawfully entered Nowak’s garage because he had probable cause to believe Nowak was committing a jailable offense and he was in hot pursuit. We also determine the circuit court did not err by using the pattern jury instruction, and we decline to exercise our discretionary reversal power for the other, unobjected to, instruction. Finally, we conclude the State did not preclude Nowak from testifying and Nowak was identified at trial. We affirm. This opinion will not be published.

2010AP1499-CR State v. Nowak

Dist III, Marathon County, Huber, J., Brunner, J.

Attorneys: For Appellant: Ellison, Keith F., Wausau; For Respondent: Heimerman, Kenneth J., Wausau; Weber, Gregory M., Madison; Brubacher, Sidney, Wausau

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