793 N.W.2d 505
Wis. Ct. App.2010Background
- In the early morning of January 1, 2008, Deputy Tomlin responds to a collision involving Ultsch's Dodge Durango and a brick building, with the building's wall caved in and concern about structural integrity.
- The damaged vehicle was found at the start of Ultsch's private driveway, which was snow-covered; Ultsch had walked up the driveway, leaving the Durango at the foot of the driveway.
- A resident-owner told officers that Ultsch was possibly asleep at the house, but he declined to identify her.
- Officers entered the unlocked house and found Ultsch asleep in the bedroom; Tomlin woke her and questioned her, then transported her to the sheriff's department for sobriety testing and a breath test, after which she was arrested.
- Ultsch moved to suppress all evidence obtained from the entry, detention, and arrest, but the circuit court denied the motion, citing the deputy's community caretaker duties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the warrantless home entry justified by the community caretaker exception? | Ultsch argues no bona fide caretaker basis existed. | Ultsch contends caretaker function applied under totality of circumstances. | Not satisfied; entry not protected by caretaker exception. |
| If caretaker applies, do the four-factor public-interest balance factors justify the intrusion? | Public interest minimal; intrusion excessive. | Public interest, and circumstances, support the intrusion as reasonable. | Not satisfied; intrusion undue under balance. |
Key Cases Cited
- State v. Kramer, 315 Wis. 2d 414 (2009 WI 14) (establishes bona fide community caretaker framework for police actions)
- State v. Faust, 274 Wis. 2d 183 (2004 WI 99) (per se rule that most searches are unreasonable absent exceptions)
- State v. Pinkard, 327 Wis. 2d 346 (2010 WI 81) (limits and test for applying community caretaker in home entries)
- Cady v. Dombrowski, 413 U.S. 433 (1973) (recognizes diminished privacy in certain contexts for searches)
- South Dakota v. Opperman, 428 U.S. 364 (1976) (upholds certain vehicle searches under caretaker rationale)