State v. Maddix

2013 WI App 64, 831 N.W.2d 778, 348 Wis. 2d 179, 2013 WL 1760560, 2013 Wisc. App. LEXIS 364
CourtCourt of Appeals of Wisconsin
DecidedApril 25, 2013
DocketNo. 2012AP1632-CR
StatusPublished
Cited by13 cases

This text of 2013 WI App 64 (State v. Maddix) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Maddix, 2013 WI App 64, 831 N.W.2d 778, 348 Wis. 2d 179, 2013 WL 1760560, 2013 Wisc. App. LEXIS 364 (Wis. Ct. App. 2013).

Opinion

KLOPPENBURG, J.

¶ 1. Dyllon A. Maddix appeals a judgment of conviction for manufacturing tet[183]*183rahydrocannabinols (THC) in violation of Wis. Stat. § 961.41(l)(h)l. (2011-12),1 arguing that the circuit court erred in denying his motion to suppress evidence that police officers obtained during a warrantless search of his apartment. The issue on appeal is whether the community caretaker exception to the warrant requirement of the Fourth Amendment applies to that search. We conclude that the officers were not engaged in a bona fide community caretaker function because there was no objectively reasonable basis for the officers to believe that a member of the public was in need of assistance or that the officers' or others' safety was at risk at the time of the search. We further conclude that, even assuming a bona fide community caretaker function, the public need and interest here did not outweigh the privacy intrusion. Thus, the warrantless search violated Maddix's Fourth Amendment right against unreasonable searches and, accordingly, we reverse and remand with directions.

BACKGROUND

¶ 2. The following facts are undisputed. At approximately 1:55 a.m., City of Wausau Police Officers Eric Lemirand and Jacob Albee responded to a call reporting a domestic disturbance in the upper unit of a two-flat house in Wausau. Having been advised that the door providing access to the upstairs unit was located at the back of the house, the officers proceeded to the back of the house upon their arrival. While walking around the house, Albee heard "a female yelling in the upper portion of the building." A downstairs neighbor told the police that the sounds were coming from the upstairs unit and indicated which door led to the upstairs unit.

[184]*184¶ 3. Officer Lemirand knocked on the back door of the house, but there was no response. The officers heard "some female screams as if somebody had been in trouble." Believing somebody might be in danger, the officers radioed a supervisor for permission to forcibly enter, but were unable to speak with the supervisor. The officers heard "some screams again coming from upstairs so [they] forced entry based on the safety of the person screaming."

¶ 4. The officers forced open the locked back door of the house and climbed a set of stairs. Officer Albee knocked on the second-floor interior door, which Maddix opened. The door opened directly into an apartment. Maddix began to back away from the officers but Albee grabbed Maddix's arm and informed Maddix that he needed to "stay right there." Upon entry to the apartment, the officers noted the presence of an adult female, but no one else was immediately apparent. The officers separated Maddix and the female for separate interviews, conducted in different areas of the apartment.

¶ 5. Officer Albee interviewed Maddix near the entry door, in the hallway of the apartment.2 Maddix stated that the female was his girlfriend, and that the two of them were the only persons in the residence when the officers arrived. Maddix told Albee that he and his girlfriend had been arguing because she thought he "was cheating on her." Albee "checked" the bedroom next to where he was speaking with Maddix and did not see another person in the room.

¶ 6. Meanwhile, Officer Lemirand interviewed the female in the bathroom of the apartment. She [185]*185stated that she and Maddix had been having an argument. Lemirand asked if she had been screaming and she said yes. Lemirand asked why and she said "because she was scared but she didn't know what she was scared of." Lemirand's conversation with the female lasted about fifteen to twenty minutes.

¶ 7. The officers then conferred for no more than ten minutes. According to Lemirand, the female's "explanation of the screaming did not make sense." Lemir- and was concerned that another victim or aggressor was present in the apartment. Lemirand testified that he and Albee performed a "protective sweep" of the residence to "make sure that there [were] no other people in the apartment, nobody that could either launch an attack against [the officers] or another possible victim in the apartment." Lemirand "checked the living area and the kitchen... by sight [and] the bathroom and the bedroom that [he] was speaking to the female in."3 Albee "checked" the other bedroom. This "sweep" took approximately ten minutes to perform. There is no evidence in the record that the officers requested or obtained consent for this search, and we will assume for our analysis that they did not.

¶ 8. About two to five minutes after the "sweep," Lemirand asked Albee if Albee had "checked the door on the other side of the hall from the bedroom for people." Albee stated that he had not. The officers realized that "at the end of the hallway that was not lit, there was another [closed] door back in the corner that [the police] had not checked." Lemirand testified that he [186]*186"didn't know if either another person or [a] victim could be in that room" and opened the door. The room was dark, but Lemirand noticed a light on inside the room's closet. Lemirand "didn't know why there would be ... a lit closet in a dark room" causing him to wonder if "potentially there was somebody in there." Lemirand asked Maddix if he could check to see if anyone was in the closet, and Maddix consented. In the closet, the officers discovered six marijuana plants under a flourescent light.

¶ 9. In the course of the subsequent criminal proceedings, Maddix moved to suppress the evidence obtained pursuant to the officers' warrantless entry to the apartment and allegedly unlawful search of rooms in the apartment. At the motion hearing, the circuit court ruled that the officers' warrantless entry into Maddix's apartment (by forcing entry in the back door of the house) was justified by the community caretaker exception, given the screams reported to and heard by the officers. Maddix does not challenge this ruling on appeal. The circuit court further ruled that the search of the rooms of the apartment was justifiable as a "protective sweep" and requested further briefing on the legality of the search of the overlooked bedroom.

¶ 10. During its oral ruling after briefing, the circuit court determined that the search of the overlooked bedroom in which the marijuana plants were found was justifiable under the community caretaker function. The circuit court found that both officers "sincerely believed" that a third person was involved and "had they not searched and had they left at that point and it turned out that someone had been injured or hurt or killed in that room, that would have been a dereliction of their duty." Maddix pleaded guilty pursu[187]*187ant to a plea agreement, and the circuit court entered a judgment of conviction. Maddix now appeals.

DISCUSSION

¶ 11. On appeal, Maddix argues that the officers' warrantless search of the overlooked bedroom in which the marijuana plants were discovered violated his right against unreasonable searches under the Fourth Amendment of the United States Constitution and Article I, Section 11 of the Wisconsin Constitution. Maddix asserts that the community caretaker exception, including protective sweeps pursuant to that exception, did not justify the search of rooms within the apartment generally or the search of the overlooked bedroom.

¶ 12.

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Bluebook (online)
2013 WI App 64, 831 N.W.2d 778, 348 Wis. 2d 179, 2013 WL 1760560, 2013 Wisc. App. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-maddix-wisctapp-2013.