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34. Search & Seizure 4. Good faith rule 45. WI Court of Appeals 6. Search incident to arrest c. Implied Consent C. Unpublished Opinions D. Search incident to arrest H. Exclusionary rule

COA: Good faith OKs blood draw whether or not implied consent statute constitutional

State v. Justin W. Paull, 2017AP1210, 8/15/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Mr. Paull was found bloody and semi-conscious after a motorcycle accident. He smelled of intoxicants and had slurred speech. Police arrested him, and he was taken to the hospital. An officer read the informing the accused form […]
Source: WI Public Defenders – On Point
COA: Good faith OKs blood draw whether or not implied consent statute constitutional

Categories
1. Consent 2018-19 Term 3. Evidence 34. Search & Seizure 44. WI Supreme Court 6. Search incident to arrest 9. Crimes A. Expectation of privacy a. Scope b. Blood test B. Chs. 343-346: Traffic offense B. Opinions Blood Test Admissibility C. Warrant unnecessary D. Search incident to arrest Important Posts

SCOW: Driver can’t revoke consent to test of validly drawn blood sample

State v. Jessica M. Randall, 2019 WI 80, 7/2/19, reversing an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that a person who has been arrested for OWI and consented to a blood draw cannot prevent the testing of the blood sample for alcohol or drugs by […]
Source: WI Public Defenders – On Point
SCOW: Driver can’t revoke consent to test of validly drawn blood sample

Categories
1. Consent 15. Evidence 3. Evidence 34. Search & Seizure 45. WI Court of Appeals 6. Search incident to arrest 9. Crimes b. Blood test B. Chs. 343-346: Traffic offense Blood Test Admissibility c. Implied Consent C. Unpublished Opinions C. Warrant unnecessary D. Search incident to arrest E. Privilege, Ch. 905

Driver’s silence constituted refusal; subpoenaed urine test results were admissible

State v. Gerald J. Vanderhoef, 2016AP2052-CR, District 1, 4/30/19 (not recommended for publication); case activity (including briefs) Vanderhoef’s silence in response to the “Informing the Accused” form constituted a refusal to consent to a chemical test, so the subsequent blood draw was unlawful. However, the state subpoenaed the results of his urine test, and that […]
Source: WI Public Defenders – On Point
Driver’s silence constituted refusal; subpoenaed urine test results were admissible

Categories
34. Search & Seizure 45. WI Court of Appeals 6. Search incident to arrest a. Auto B. Published opinions D. Search incident to arrest Important Posts

OWI arrest automatically permits search of vehicle and all containers within it

State v. Mose B. Coffee, 2018AP1209-Cr, 4/24/19, District 2, (recommended for publication); case activity (including briefs) This published decision should make for an interesting petition for review. The court of appeals rejects a prior unpublished opinion, State v. Hinderman, to hold: ¶13 . . . [W]hen an officer lawfully arrests a driver for OWI, even […]
Source: WI Public Defenders – On Point
OWI arrest automatically permits search of vehicle and all containers within it