4th Amendment Violation – Warrantless Seizure

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WI Supreme Court

Case Name: State of Wisconsin v. Alfonso Lorenzo Brooks

Case No.: 2020 WI 60

Focus: 4^th Amendment Violation – Warrantless Seizure

Alfonso Lorenzo Brooks was parked on the side of a road after having been stopped for speeding. He was alone in the vehicle, and he had been driving with a suspended operator’s license. Although he told the Milwaukee Sheriff deputies who were issuing him his traffic citations that he could have a licensed driver retrieve the vehicle, the deputies told him department policy required them to take it to an impound lot. The deputies conducted an inventory search of the vehicle prior to the tow. Mr. Brooks, a convicted felon, could not lawfully possess the firearm the deputies found, and so he was arrested. We consider in this case whether the deputies were performing a bona fide community caretaker function when they seized Mr. Brooks’ vehicle without a warrant. We conclude they were not, and so we reverse the decision of the court of appeals because the seizure and ensuing inventory search were both unconstitutional.

Reversed and remanded

Concur:

Dissent:

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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.