STATE v. GRACIA

Nos. 2011AP813-CR, 2011AP814.

826 N.W.2d 87 (2013)

345 Wis.2d 488

2013 WI 15

STATE of Wisconsin, Plaintiff-Respondent, v. Juan G. GRACIA, Defendant-Appellant-Petitioner. In the matter of the refusal of Juan G. Gracia. City of Menasha, Plaintiff-Respondent, v. Juan G. Gracia, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided January 31, 2013.


Attorney(s) appearing for the Case

For the defendant-appellant-petitioner, there were briefs filed by John Holevoet and Holevoet Law Office, LLC, Madison, and oral argument by John Holevoet .

For the plaintiff-respondent, the cause was argued by David H. Perlman , assistant attorney general, with whom on the brief was J.B. Van Hollen .


N. PATRICK CROOKS, J.

¶ 1 This is a review of an unpublished decision of the court of appeals1 that affirmed the circuit court. This case involves two distinct issues. The first issue is whether a warrantless search of Gracia's bedroom2 was a valid exercise of the community caretaker exception to the warrant requirement under the federal and state constitutions.3 The second...

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