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STATE v. LEUTENEGGER

No. 03-0133-CR.

275 Wis.2d 512 (2004)

2004 WI App 127

685 N.W.2d 536

STATE of Wisconsin, Plaintiff-Respondent, v. Walter LEUTENEGGER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 24, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Bill Ginsberg of Mandell & Ginsberg, Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Jonathon G. Kaiser, assistant district attorney for Dane County.

Before Vergeront, Lundsten and Higginbotham, JJ.

¶ 1. LUNDSTEN, J.

This case involves the exigent circumstances exception to the general requirement that an officer have a warrant before making a nonconsensual entry into a home. A police officer entered Walter Leutenegger's garage without a warrant after receiving information indicating that Leutenegger was highly intoxicated and locating him in his car in his garage. Leutenegger was subsequently arrested, prosecuted...

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