Abuse of Discretion – Motion to Suppress – Community Caretaker Function

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Alfonso Lorenzo Brooks

Case No.: 2018AP1774-CR

Officials: Kessler, Gundrum and Dugan, JJ.

Focus: Abuse of Discretion – Motion to Suppress – Community Caretaker Function

On August 28, 2015, Alfonso Lorenzo Brooks was charged with one count of being a felon in possession of a firearm. According to the criminal complaint, on August 24, 2015, Milwaukee County Sheriff’s Department Deputies Dean Zirzow and Travis Thompson witnessed a vehicle travelling at approximately sixty-five to seventy miles-per-hour in a fifty miles-per-hour zone. The deputies conducted a traffic stop. Brooks, the driver, was the sole occupant of the vehicle. Upon checking Brooks’s driver’s license, the deputies discovered that Brooks was operating with a suspended driver’s license and informed him that the vehicle would have to be towed because there were no other drivers present. The deputies also informed Brooks that they would conduct an inventory search of the vehicle. During the search, the deputies retrieved a firearm from the trunk of the vehicle. The deputies were aware that Brooks was a convicted felon. Brooks was subsequently arrested and charged.

Brooks filed a motion to suppress evidence retrieved from the inventory search arguing that the firearm was obtained as a result of an illegal search and an improper exercise of the deputies’ community caretaker function. Both deputies and Brooks testified at the hearing. Zirzow testified that he initially pulled Brooks over for “unreasonable and imprudent speed.” After discovering that Brooks’s license was suspended, Zirzow informed Brooks that the car would have to be towed because there were no other drivers present and that the deputies would be conducting an inventory search of the vehicle. Zirzow explained that inventory searches allow valuable items to be withdrawn from the vehicle prior to the tow. Brooks asked Zirzow if his girlfriend could pick the car up, however, Zirzow explained that per the sheriff’s department’s policy, other vehicles were not allowed on the scene and that a vehicle must be towed if no other valid drivers are present. Zirzow informed Brooks that he was free to leave during the inventory search, but encouraged him to stay on the scene until the tow truck arrived. Zirzow spoke with Brooks while Thompson conducted the search. Thompson indicated to Zirzow that he found a gun in the trunk of the car, which “changed the circumstance of the events.” The deputies ran a criminal history on Brooks and subsequently arrested him for being a felon in possession of a firearm.

Brooks testified that after Zirzow told him the car would be towed, Brooks informed Zirzow that he did not understand the purpose of the tow because the vehicle was not a road hazard and was not violating any parking ordinances. Brooks testified that Zirzow told him it was policy Thompson testified that inventory searches involve searching each part of the vehicle to both allow drivers the opportunity to take anything they need from the car and to protect the sheriff’s department from liability. The circuit court denied Brooks’s motion to suppress, finding that Brooks was properly stopped for speeding and that the deputies followed their protocol. Brooks subsequently pled guilty to being a felon in possession of a firearm and was sentenced to thirty-seven months of initial confinement and thirty months of extended supervision.

Brooks filed a postconviction motion for relief, arguing that the search and tow of the vehicle “was an improper exercise of law enforcement’s community caretaker function because the vehicle was lawfully parked and not obstructing traffic.” The motion also argued that defense counsel was ineffective for “failing to submit additional evidence showing that the Sheriff’s Department’s written policies and procedure did not authorize searching and towing Mr. Brooks’ car.” The postconviction court denied the motion without a hearing. This appeal follows. On appeal, Brooks raises the same issues raised in his postconviction motion. We affirmed.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.