Legal Opinion

State v. Mielke

Court of Appeals of Wisconsin

Decided September 4, 2002No. 01-3116-CRPublishedCited by 5 opinions

1Opinion of the CourtPeterson, J.

¶ 1. The State appeals an order suppressing evidence obtained by a law enforcement officer who entered a private residence without a warrant after a domestic violence report. The State argues that the officer's entry was permitted by exigent circumstances. We agree and reverse the order.

BACKGROUND

¶ 2. On March 10, 2001, Outagamie County Sherriffs deputies Rachael Miller and John Hoffman responded to a report that Mark Mielke had struck Ruth Byrne at their home, and that Byrne was spitting blood. Miller had eleven years of law enforcement experience and had responded to domestic violence…

2Cases cited6 opinions

  1. State v. HughesWisconsin Supreme Court · 2000
  2. State v. TompkinsWisconsin Supreme Court · 1988
  3. State v. RichterWisconsin Supreme Court · 2000
  4. State v. GuyWisconsin Supreme Court · 1992
  5. State v. MatejkaWisconsin Supreme Court · 2001

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

3Cited by5 opinions

  1. People v. TroyerCalifornia Supreme Court · 2011
  2. State v. FaustWisconsin Supreme Court · 2004
  3. State v. LeuteneggerCourt of Appeals of Wisconsin · 2004
  4. United States v. LawrenceDistrict Court, D. Nebraska · 2002
  5. State v. FaustWisconsin Supreme Court · 2004

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