Legal Opinion

State v. Sanders

Court of Appeals of Wisconsin

Decided June 6, 2007No. 2006AP2060-CRPublishedCited by 8 opinions

1Opinion of the CourtAnderson, J.

¶ 1. Dwight M. Sanders argues that the police violated his Fourth Amendment rights *164when they pursued him into his residence in order to arrest him for obstructing an officer. We hold that the misdemeanor crime of obstructing an officer will not support a warrantless entry of a home under the hot pursuit doctrine. We further conclude that officers lacked probable cause to believe that Sanders was engaged in illegal drug activity and therefore the entry cannot be validated on those grounds. We reverse the judgment and order of the circuit court.

Facts

¶ 2. On May 6, 2005, Jorge Garcia and…

2Cases cited12 opinions

  1. Welsh v. WisconsinSupreme Court of the United States · 1984
  2. United States v. SantanaSupreme Court of the United States · 1976
  3. Gross v. HoffmanWisconsin Supreme Court · 1938
  4. State v. HoltCourt of Appeals of Wisconsin · 1985
  5. State v. HughesWisconsin Supreme Court · 2000

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. SandersWisconsin Supreme Court · 2008
  2. Zarder v. Humana InsuranceCourt of Appeals of Wisconsin · 2009
  3. Estate of Genrich v. OHIC Ins. Co.Wisconsin Supreme Court · 2009
  4. Estate of Genrich v. OHIC Ins. Co.Wisconsin Supreme Court · 2009
  5. State v. SandersWisconsin Supreme Court · 2008

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API