≡ Menu

Vague affidavit sufficient to support warrant for blood draw after OWI arrest

State v. Richard J. Slayton, 2015AP1255-CR, 2/3/16, District 2 (1-judge opinion; ineligible for publication); case activity, briefs

Slayton, who was arrested for OWI, challenged a search warrant authorizing his blood draw. The supporting affidavit stated that an officer had reviewed his driving record and noted previous OWI conviction that were “prior countable offenses” under Ch. 346. But it provided no other information about the alleged convictions and thus no way to verify their existence. The court of appeals held that nothing more was required. The affidavit merely had to apprise the magistrate of “sufficient facts to excite an honest belief in a reasonable mind that the object sought is linked with the commission of a crime,” under Bast v. State87 Wis. 2d 689, 692-93, 276 N.W.2d 682 (1979). Besides, Slayton didn’t challenge the assertion that he had previous countable convictions.

{ 0 comments… add one }

Leave a Comment