State v. Steven T. Delap

MICHAEL J. GABLEMAN, J. (Concurring).

¶ 43 I agree with the majority that the entry into Delap's residence was lawful pursuant to Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), and, consequently, his conviction should be affirmed.1 However, I would go further and also answer the question of whether the officers' entry into Delap's residence was lawful pursuant to the hot pursuit doctrine. See, e.g., State v. Washington, 2018 WI 3, ¶¶ 61-68, 379 Wis. 2d 58, 905 N.W.2d 380 (Gableman, J., joined by R.G. Bradley and Kelly, JJ, concurring) ("I would go further and hold…