An Outagamie County judge erred when he threw out evidence collected by a deputy sheriff who entered a private home without a search warrant on a domestic abuse call.
That's the word Wednesday from a state appeals court.
The Third District Court of Appeals in Wausau says the entry into the home was proper because the officer believed domestic violence was occurring and a woman's safety was threatened, even though the woman told the officer not to enter the home.
The woman's boyfriend was charged with several felonies, including recklessly endangering another's safety.
Circuit Judge John Des Jardins had ruled the situation in March 2001 was not so urgent as to justify officers going into the home without a search warrant.
He ruled evidence obtained by police in the home could not be used by prosecutors.
