State v. Ryan D. Wilkie
2022AP000730-CR
Wis. Ct. App.Mar 11, 2025Background
- Police responded to Ryan Wilkie’s home after a neighbor reported hearing a male and female yelling, loud banging, and a female screaming “Stop” and “No,” fearing a physical altercation and possible injury.
- Officers arrived in uniform, explained their purpose, and requested to enter to check the safety of all occupants; Wilkie refused them entry and prevented his daughter and others from coming outside.
- Wilkie was subsequently arrested for physically blocking officers from entering, resisting arrest, and making profane and threatening statements toward police.
- Wilkie was charged and convicted by a jury of obstructing an officer and disorderly conduct; he appealed his obstruction conviction only.
- Wilkie argued on appeal that the officers lacked lawful authority for a warrantless entry under the Fourth Amendment and that evidence was insufficient to establish his knowing obstruction of a lawful police act.
Issues
| Issue | Wilkie's Argument | State's Argument | Held |
|---|---|---|---|
| Lawful authority for warrantless home entry | Police lacked a warrant, exigency, and community caretaker status, so no lawful authority to enter or detain for refusing entry | Emergency aid exception applied: officers had objective basis to believe someone was in immediate need of aid | Entry was lawful under emergency aid exception to the Fourth Amendment |
| Sufficiency of complaint (probable cause) | Complaint lacked sufficient facts of lawful authority and probable cause for obstruction | Complaint provided enough detail to support probable cause based on neighbor's 911 call and Wilkie’s conduct | Complaint was sufficient; motion to dismiss properly denied |
| Sufficiency of evidence at trial | No reasonable jury could find Wilkie knew officers acted with lawful authority; he believed their entry was unconstitutional | Jury could infer knowledge of lawful authority from circumstances, officers’ explanations, and Wilkie’s conduct | Sufficient evidence supported the verdict; conviction affirmed |
| Applicability of emergency aid exception | Emergency aid exception not raised in trial court and not satisfied by facts | Exception may be raised on appeal; facts met objective standard for immediate need to aid | Emergency aid exception justified attempted entry |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (standard for challenging omissions or false statements in warrant affidavits)
- State v. Mann, 123 Wis. 2d 375 (Wis. 1985) (framework for reviewing probable cause in warrant affidavits)
- State v. Ferguson, 317 Wis. 2d 586 (Wis. 2009) (interpretation of "lawful authority" under obstructing officer statute)
- State v. Ware, 400 Wis. 2d 118 (Wis. Ct. App. 2021) (emergency aid exception applies to warrantless home entry)
- State v. Lossman, 118 Wis. 2d 526 (Wis. 1984) (knowledge of lawful authority as element of obstruction offense)