Summary
The Wisconsin Supreme Court affirmed Robinson’s conviction, holding that police officers’ warrantless entry into his apartment was supported by probable cause and exigent circumstances. The court concluded that corroboration of details from an anonymous informant established probable cause, and that immediately heard footsteps after police identified themselves created a reasonable risk that evidence would be destroyed. The court also determined that marijuana and related items observed in plain view were lawfully seized.
Holdings
- The warrantless entry was supported by probable cause because police corroborated three preliminary details of the informant's tip—Robinson's identity, address, and cell-phone number—and reasonably inferred that evidence of illegal drug activity would probably be found in the apartment.
- Exigent circumstances justified the warrantless entry because, after police lawfully knocked and announced their presence, the immediate sound of footsteps running away reasonably suggested that Robinson would destroy easily disposable drug evidence before police could obtain a warrant.
- Once lawfully inside, police could seize marijuana, a digital scale, and sandwich baggies that were in plain view, arrest Robinson based on probable cause supplied by those observations, and search his person incident to arrest.
Questions Presented
- Whether the warrantless entry into Robinson's apartment was supported by probable cause based on an anonymous tip and police corroboration of identifying details.
- Whether exigent circumstances justified the warrantless entry because police immediately heard footsteps moving away after announcing their presence and reasonably believed evidence would be destroyed.
- Whether evidence observed in plain view after the entry and items seized from Robinson's person incident to arrest were lawfully seized.
- Whether the commitment order for unpaid fines constituted an arrest warrant authorizing entry into the apartment.
Disposition
affirmed
Cases Cited (29)
- State v. Robinson, 2009 WI App 97, 320 Wis. 2d 689, 770 N.W.2d 721(affirmed)
- State v. Collins, 122 Wis. 2d 320, 326, 363 N.W.2d 229 (1984)(applied below; not independently decided)
- State v. Hughes, 2000 WI 24, 233 Wis. 2d 280, 607 N.W.2d 621(followed)
- State v. Pallone, 2000 WI 77, 236 Wis. 2d 162, 613 N.W.2d 568(followed)
- State v. Popke, 2009 WI 37, 317 Wis. 2d 118, 765 N.W.2d 569(followed)
- State v. Limon, 2008 WI App 77, 312 Wis. 2d 174, 751 N.W.2d 877(followed)
- Payton v. New York, 445 U.S. 573, 585-86, 590 (1980)(followed)
- Welsh v. Wisconsin, 466 U.S. 740, 749-50 (1984)(followed)
- State v. Smith, 131 Wis. 2d 220, 228-30, 388 N.W.2d 601 (1986)(followed)
- State v. DeSmidt, 155 Wis. 2d 119, 130, 454 N.W.2d 780 (1990)(followed)
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