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Motor Vehicles – OWI — stop and detention — community caretaker exception

By: WISCONSIN LAW JOURNAL STAFF//November 9, 2011//

Motor Vehicles – OWI — stop and detention — community caretaker exception

By: WISCONSIN LAW JOURNAL STAFF//November 9, 2011//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — stop and detention — community caretaker exception

Benjamin Schultz appeals from a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration. As Schultz drove by an officer conducting a traffic stop, the passenger door on Schultz’s vehicle opened up and someone inside of Schultz’s vehicle yelled out. The officer called for backup and Schultz was soon stopped by another police officer and arrested for operating with a prohibited alcohol concentration. He appeals his conviction, arguing that the stop of his vehicle was not justified by the community caretaker exception to the warrant requirement. We disagree and affirm his conviction. This opinion will not be published.

2011AP904 City of Sheboygan v. Schultz

Dist II, Sheboygan County, Sutkiewicz, J., Reilly, J.

Attorneys: For Appellant: Hoff, Casey J., Sheboygan; For Respondent: Adams, Charles C., Sheboygan

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