Motor Vehicles – OWI – community caretaker function

By: WISCONSIN LAW JOURNAL STAFF//September 14, 2011//

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Motor Vehicles
OWI; community caretaker function

The State appeals from a circuit court order granting Ricky Halverson’s motion to suppress evidence on grounds that the officer was not acting in a community caretaker capacity prior to Halverson’s arrest for operating a motor vehicle while intoxicated (OWI) and with a prohibited alcohol content (PAC). We conclude that the circuit court’s findings of fact as to the contested issues are not clearly erroneous and that, based on those facts, the officer was not acting in a community caretaker capacity at the time of Halverson’s arrest. We therefore uphold the circuit court’s order granting Halverson’s motion to suppress evidence. This opinion will not be published.

2011AP240-CR State v. Halverson

Dist II, Walworth County, Kennedy, J., Neubauer, P.J.

Attorneys: For Appellant: Weber, Gregory M., Madison; Wiedenfeld, Zeke, Elkhorn; For Respondent: Walter, Andrew R., Elkhorn

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