[Download] "City of Delavan v. Sterken" by State of Wisconsin in Court of Appeals District II " eBook PDF Kindle ePub Free
eBook details
- Title: City of Delavan v. Sterken
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 23, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
1 Roger Sterken appeals from the trial courts judgment on the basis of two theories. First, Sterken argues that the evidence of marijuana and drug paraphernalia should have been suppressed because the police lacked probable cause to knock on his door before entering his home. Second, Sterken contends that the City of Delavan is not entitled to a trial de novo because the merits of the instant case were not fully litigated before the municipal court. We reject both arguments. The police officers did not need probable cause to knock on Sterkens door, and when they subsequently entered his apartment, exigent circumstances justified their entry. As to the trial de novo, we find that because the City of Delavan presented its case-in-chief and Sterken had the opportunity for rebuttal, though he chose not to use it, the municipal court had a trial on the merits. We affirm.