Legal Question in Criminal Law in Wisconsin

Warrantless searches and arrests are presumptively illegal and subject to suppression unless the government can prove that certain emergency situations were present. These can include exigent circumstances, where, for example, evidence may be lost due to its destruction by the suspect (i.e., flushing drugs down the toilet), or alcohol being removed from a person�s blood by the metabolic process. In those situations, the law concludes that there is no time to obtain a search or arrest warrant and therefore allows officers with probable cause to arrest suspects and preserve evidence. Another is circumstances involving a risk of injury or death without government intervention and/or medical treatment. This is known as the �community caretaker� exception.. Other exceptions include protective searches for officer safety (i.e., weapons pat down frisks), searches pursuant to lawful arrests, and temporary detentions for investigative purposes, in situations where reasonable suspicion of wrongdoing exists. Of course, you have not provided any information as to whether any of these situations were present, meaning that I cannot answer your question. The attorney would need to know what facts the officer reasonably believed to be present when he entered your home without a warrant and arrested you, also presumably without a warrant. Attempting to elude officers can create reasonable suspicion and allow temporary detention for investigative purposes in certain circumstances. You should therefore consult with an experienced criminal lawyer who can give you better guidance after getting all the facts (including the law enforcement version). My comments here are not intended as legal advice, unless you subsequently retain me and revisit this issue with me. These public comments in this online forum do not create any attorney client relationship with anyone.