Warrantless Search – Community Caretaker

By: Derek Hawkins//October 16, 2019//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Troy K. Kettlewell

Case No.: 2018AP926-CR

Officials: NEUBAUER, C.J.

Focus: Warrantless Search – Community Caretaker

Troy K. Kettlewell appeals from a judgment of conviction for operating a motor vehicle while under the influence (OWI), fourth offense. Kettlewell argues the circuit court erred in denying his motion to suppress evidence obtained when police officers conducted a warrantless search of his home. The State contends the warrantless entry was justified on the ground that the police were functioning under the community caretaker exception to the warrant requirement. We disagree. We reverse and remand for further proceedings.

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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.

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