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c. Implied Consent

State v. Gerald J. Vanderhoef, 2016AP2052-CR, District 1, 4/30/19 (not recommended for publication); case activity (including briefs) Vanderhoef’s silence in response to the “Informing the Accused” form constituted a refusal to consent to a chemical test, so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… Read More

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Gerald Mitchell v. Wisconsin, USSC No. 18-6210, certiorari granted 1/11/19 Question presented: Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement. Decision below: State v. Mitchell, 2018 WI 84, __ Wis. 2d __, 914 N.W.2d 151. USSC Docket Scotusblog page (including links to briefs… Read More

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State v. Philip J. Hawley, 2015AP1113, District 4, 11/21/18; case activity (including briefs) Our supreme court has, three times, set out to decide whether the  implied-consent statute supplies “consent” in a Fourth Amendment sense, such that it constitutes an exception to the warrant requirement. Three times, it has failed to reach a binding majority on… Read More

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State v. Jessica M. Randall, 2017AP1518-Cr, District 4, 6/14/18 (1-judge opinion, ineligible for publication), review granted 10/9/18; case activity (including briefs) Here’s a rare sighting! One district of the court of appeals has declared that it is not bound by a decision addressing the same set of facts issued by another district. This is what you call… Read More

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State v. Kaitlin C. Sumnicht, 2017AP280-CR, 12/20/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) Sumnicht was convicted of OWI second. She sought suppression of her blood test results on two grounds. First, she argued that that State did not develop an adequate factual record of her interaction with the deputy who… Read More

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State v. Michael J. Mansfield, 2016AP2423-CR, 10/3/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Mansfield argued police didn’t have reasonable suspicion to detain him based on a tip from an anonymous Turtle Lake Casino employee. The court of appeals holds the tipster should be treated as a citizen informant and, under the… Read More

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State v. Joseph K. Larson, 2016AP1002-CR, 3/21/17, District III, (one-judge decision; ineligible for publication); case activity (including briefs) Joseph Larson contends on appeal that the circuit court erred when it concluded he consented to a breath alcohol test after his arrest for OWI. The officer conducting the test marked “urine” as the type of test… Read More

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State v. David W. Howes, 2017 WI 18, on certification from the court of appeals; case activity (including briefs) The supreme court granted certification in this case to decide an important question: Does Wisconsin’s implied consent statute create a categorical “consent” exception to the warrant requirement as to unconscious drivers, thus allowing police to collect blood without having to… Read More

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