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Search and Seizure – community caretaker exception

By: WISCONSIN LAW JOURNAL STAFF//December 23, 2014//

Search and Seizure – community caretaker exception

By: WISCONSIN LAW JOURNAL STAFF//December 23, 2014//

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Wisconsin Court of Appeals

Criminal

Search and Seizure – community caretaker exception

APPEAL from a judgment of the circuit court for Kenosha County: WILBUR W. WARREN III, Judge. Reversed and cause remanded with directions.

Charles V. Matalonis appeals from a judgment of conviction for one count of manufacturing or delivering tetrahydrocannabinol (THC), contrary to Wis. Stat.
§ 961.41(1)(h)1. Matalonis argues the circuit court erred in denying his motion to suppress evidence obtained after police officers searched his home
without a warrant and without his consent. The circuit court denied the motion, concluding that the search was justified under the community caretaker
exception to the general rule that warrantless searches and seizures violate the Fourth Amendment to the United States Constitution. We disagree and,
therefore, reverse the court’s denial of Matalonis’s motion to suppress and remand for further proceedings.

2014AP000108-CR State v. Charles V. Matalonis

DISTRICT II, Kenosha County, WILBUR W. WARREN III, SHERMAN, J.

Attorneys: For Appellant: Richards, Mark D. For Respondent: Zapf, Robert D., Latorraca, Donald V.

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