Home > Uncategorized > Police “caretaker function” no basis to preserve evidence in non-emergency warrantless search | State Bar of Wisconsin

Police “caretaker function” no basis to preserve evidence in non-emergency warrantless search | State Bar of Wisconsin


In resonding to an automobile accident arresting officers recovered a zippered duffel bag containing two opened bottles of vodka. Despite the fact that there was no additional evidence of intoxication adduced at the suppression hearing the lower court held that the evidence was admissible.

The appellate court wrote, “The problem with this reasoning is that there was no evidence, up to this point, that she had committed a crime.”

This is a great case supporting the rights of individuals to be free from unreasonable searches and seizure in Wisconsin. Sometimes, in our frustration with unfortunate statistics such as those which have been prevalent in the press lately, we rush to come up with fix’s. Let’s not forget the sacrifices of those who earned us these protections.

Police ?caretaker function? no basis to preserve evidence in non-emergency warrantless search | State Bar of Wisconsin

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