01-1350-FT In the Matter of the Refusal of Ryan M. Horneck: State v. Horneck

By: dmc-admin//December 3, 2001//

Listen to this article

Ryan Horneck appeals from the circuit court’s order revoking his driving privileges for refusing to submit to a chemical test requested pursuant to Wisconsin’s Implied Consent Law, Wis. Stat. sec. 343.305. At the refusal hearing, Horneck contended, as he does now on appeal, that the arresting officer lacked the authority under the Fourth Amendment to enter his garage to investigate or arrest him without a warrant. The circuit court concluded that the officer had authority to enter Horneck’s garage and arrest him.

This court agrees and affirms the revocation order.

This opinion will not be published.

Dist III, Outagamie County, Jardins, J., Cane, C.J.

Attorneys:

For Appellant: Christopher A. Mutschler, Fond du Lac

For Respondent: John F. Truby, Appleton; Vincent R. Biskupic, Appleton

Select Region or Brand

Upcoming Event