Categories
1. Consent 3. Evidence 34. Search & Seizure 45. WI Court of Appeals 9. Crimes a. Scope B. Chs. 343-346: Traffic offense Blood Test Admissibility C. Unpublished Opinions C. Warrant unnecessary

SCOW’s decision in Randall is binding on whether consent to blood test can be withdrawn

State v. John W. Lane, 2019AP153-CR, District 4, 10/17/19 (one-judge decision; ineligible for publication); case activity (including briefs) Lane consented to a blood draw after his OWI arrest, but a week later wrote the State Hygiene Lab saying he was revoking his consent to the collection and testing of his blood. The authorities tested the […]
Source: WI Public Defenders – On Point
SCOW’s decision in Randall is binding on whether consent to blood test can be withdrawn

Categories
3. Evidence 34. Search & Seizure 45. WI Court of Appeals 9. Crimes A. Expectation of privacy B. Chs. 343-346: Traffic offense Blood Test Admissibility C. Unpublished Opinions

Challenge to blood test quickly disposed of

State v. Lonnie P. Ayotte, Jr., 2018AP839-CR, 7/25/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Like Jessica Randall, Ayotte consented to a blood draw after his OWI arrest but then asserted his right to privacy in his blood and told authorities they couldn’t test his blood for alcohol without a warrant. […]
Source: WI Public Defenders – On Point
Challenge to blood test quickly disposed of

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State v. Jessica M. Randall, 2019 WI 80, 7/2/19, reversing an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that a person who has been arrested for OWI and consented to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 Crimes b. Blood test B. Chs. 343-346: Traffic offense Blood Test Admissibility c. Implied Consent C. Unpublished Opinions C. Warrant unnecessary D. Search incident to arrest E. Privilege, Ch. 905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
'18-19 1. Consent 3. Evidence 34. Search & Seizure 44. WI Supreme Court 9. Crimes A. Review Grants a. Scope B. Chs. 343-346: Traffic offense Blood Test Admissibility C. Warrant unnecessary Important Posts Pending in SCOW

Can a person withdraw consent to test their blood after it’s been drawn? SCOW will decide.

State v. Jessica M. Randall, 2017AP1518, petition for review of unpublished opinion granted 10/9/18; case activity Issue: Was Randall entitled to suppression of the results of a test of a blood sample that she voluntarily gave to police under the implied consent law because she informed the lab that she was withdrawing her consent before […]
Source: WI Public Defenders – On Point
Can a person withdraw consent to test their blood after it’s been drawn? SCOW will decide.