Legal Opinion

State v. Richard L. Weber

Wisconsin Supreme Court

Decided November 29, 2016No. 2014AP000304-CRPublished

1Concurrence 1

¶ 46.

2Concurrence · KellyDaniel Kelly, J.

I write separately because I do not think there is probable cause to believe Mr. Weber committed jailable offenses before entering his garage, a conclusion that precludes deployment of the "hot pursuit" doctrine. I join the lead opinion's result, however, because there is a separate, and constitutionally-sufficient, basis for it.

f 47. Our task in this case is determining whether Deputy Dorshorst had the authority to pursue Richard L. Weber into his garage, and subsequently arrest and search him, without a warrant. Mr. Weber says the Wisconsin and United States Constitutions protected him…

3Cases cited28 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. United States v. WatsonSupreme Court of the United States · 1975
  4. Welsh v. WisconsinSupreme Court of the United States · 1984
  5. Kyllo v. United StatesSupreme Court of the United States · 2001

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