793 N.W.2d 511
Wis. Ct. App.2010Background
- Ayala was convicted of first-degree intentional homicide as party to a crime by use of a dangerous weapon and three counts of armed robbery; the case turned on whether a gun and Ayala’s statements should have been suppressed.
- Officers sought Ayala at a tavern apartment above Jo Jo's after identifying him as a prime suspect in Milford’s homicide and related robberies; Ayala was believed to be a Latin Kings member.
- Rochelle Cervantes identified Ayala as the man in a photo and directed officers to an upstairs bedroom where Ayala lay in bed when found by officers with guns drawn during a warrantless entry.
- Consent to enter the apartment was contested; the trial court credited officers’ testimony that Rochelle consented and signed a notebook authorizing entry for weapons/evidence.
- The officers conducted a protective sweep after Ayala’s arrest, uncovering a loaded handgun under the mattress; Ayala made incriminating statements after being Mirandized hours later.
- The trial court held that exigent circumstances and probable cause justified the warrantless entry into the bedroom, and that the arrest and statements were lawful; on appeal, the suppression issues were reviewed de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was valid consent to enter the apartment | Ayala | State | Consent found; voluntary consent established |
| Whether the bedroom entry violated Ayala’s privacy as an overnight guest | Ayala | State | Exigent circumstances justified warrantless entry |
| Whether exigent circumstances justified the warrantless entry | Ayala | State | Exigent circumstances supported by multiple risk factors |
| Whether suppression of gun and statements was required based on unlawful arrest | Ayala | State | Arrest lawful; protective sweep admissible; statements admissible |
Key Cases Cited
- Minnesota v. Olson, 495 U.S. 91 (1990) (overnight guest has reasonable privacy expectation)
- State v. Smith, 131 Wis. 2d 220 (1986) (factors for exigent circumstances and warrantless entry)
- State v. Kryzaniak, 2001 WI App 44 (2001) (totality-of-circumstances test for exigency)
- State v. Sanders, 2008 WI 85 (2008) (protective sweep doctrine after lawful arrest)
- Bank of Sun Prairie v. Opstein, 86 Wis. 2d 669 (1979) (flexible exigency framework; balance urgency and warrant delay)
- State v. Giebel, 2006 WI App 239 (2006) (voluntariness of consent; credibility of witnesses)
- Mapp v. Ohio, 367 U.S. 643 (1961) (exclusionary rule; fruits of unlawful search)
- Wong Sun v. United States, 371 U.S. 471 (1963) (attenuation from illegal arrest; fruit of the poisonous tree)
- Miranda v. Arizona, 384 U.S. 436 (1966) (requirement of Miranda warnings for custodial interrogation)
- State ex rel. Goodchild v. Burke, 27 Wis. 2d 244 (1965) (standards for suppression and voluntariness)