On Point blog, page 4 of 4
Arrest — Search Incident — Implied Consent, Driver’s Request for Additional Test, §§ 343.305(4) and (5)
State v. James A. Schmidt, 2004 WI App 235 For Schmidt: Daniel S. Diehn Issue: Whether § 343.305(5)(a) requires that the driver request an additional test after the police have administered the primary test and, if not, whether Schmidt’s pre-blood draw request for a breathalyzer was properly rejected. Holding: ¶11. Although Wis. Stat. § 343.305(4) and (5) use […]
Arrest — Search Incident to Arrest — Warrantless Blood Test — Person Offers to Take Breath Test
State v. Jay D. Krajewski, 2002 WI 97, affirming unpublished decision of court of appeals For Krawjewski: Christopher A. Mutschler Issue/Holding: ¶3. … (A) warrantless nonconsensual blood draw from a person arrested on probable cause for a drunk driving offense is constitutional based on the exigent circumstances exception to the warrant requirement of the Fourth Amendment, even if […]
Arrest — Search Incident to Arrest — Warrantless Blood Test
State v. John C. Thorstad, 2000 WI App 199, 238 Wis. 2d 666, 618 N.W.2d 240 For Thorstad: Ralph A. Kalal Issue: Whether the warrantless blood draw complied with State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993). Holding: The four-part Bohling test — lawful arrest; reasonable suspicion that draw will show intoxication; method of drawing blood […]