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Search and Seizure — warrantless entry

By: WISCONSIN LAW JOURNAL STAFF//October 8, 2013//

Search and Seizure — warrantless entry

By: WISCONSIN LAW JOURNAL STAFF//October 8, 2013//

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Wisconsin Court of Appeals

Criminal

Search and Seizure — warrantless entry — probable cause — exigent circumstances

Jeffrey Vanden Heuvel appeals a judgment of conviction for operating while intoxicated, third offense. He argues the circuit court erred by denying his suppression motion because he was seized when the officer knocked on his door. Alternatively, he argues the officer’s warrantless entry into his house was unlawful because the officer lacked probable cause and exigent circumstances.

We conclude Vanden Heuvel was not seized when the officer knocked on Vanden Heuvel’s door. However, we agree with Vanden Heuvel that the officer’s subsequent entry into his house was unlawful. We therefore reverse the matter and remand to the circuit court for further proceedings. This opinion will not be published.

2013AP1107-CR State v. Vanden Heuvel

Dist III, Florence County, Stenz, J., Stark, J.

Attorneys: For Appellant: Carroll, John M., Appleton; For Respondent: Weber, Gregory M., Madison; Drexler, Douglas, Florence

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