Abuse of Discretion Motion to Suppress Community Caretaker Function.

Byline: Derek Hawkins

WI Court of Appeals District I

Case Name: State of Wisconsin v. Alfonso Lorenzo Brooks

Case No.: 2018AP1774-CR

Officials: Kessler, Gundrum and Dugan, JJ.

Focus: Abuse of Discretion Motion to Suppress Community Caretaker Function

On August 28, 2015, Alfonso Lorenzo Brooks was charged with one count of being a felon in possession of a firearm. According to the criminal complaint, on August 24, 2015, Milwaukee County Sheriff's Department Deputies Dean Zirzow and Travis Thompson witnessed a vehicle travelling at approximately sixty-five to seventy miles-per-hour in a fifty miles-per-hour zone. The deputies conducted a traffic stop. Brooks, the driver, was the sole occupant of the vehicle. Upon checking Brooks's driver's license, the deputies discovered that Brooks was operating with a suspended driver's license and informed him that the vehicle would have to be towed because there were no other drivers present. The deputies also informed Brooks that they would conduct an inventory search of the vehicle. During the search, the deputies retrieved a firearm from the trunk of the vehicle. The deputies were aware that Brooks was a convicted felon. Brooks was subsequently arrested and charged.

Brooks filed a motion to suppress evidence retrieved from the inventory search arguing that the firearm was obtained as a result of an illegal search and an improper exercise of the deputies' community caretaker function. Both deputies and Brooks testified at the hearing. Zirzow testified that he initially pulled Brooks over for "unreasonable and imprudent speed." After discovering that Brooks's license was suspended, Zirzow informed Brooks that the car would have to be towed because there were no other drivers present and that the deputies would be conducting an inventory search of the vehicle. Zirzow explained that inventory searches allow valuable items to be withdrawn from the vehicle prior to the tow. Brooks asked Zirzow if his girlfriend could pick the car up, however, Zirzow explained that per the sheriff's department's policy, other vehicles were not allowed on the scene and that a vehicle must be towed if no other valid drivers are present. Zirzow informed Brooks that he was free to leave during the inventory search, but encouraged him to stay on the scene until the tow truck arrived. Zirzow spoke with Brooks while Thompson conducted the search. Thompson indicated to...