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Motor Vehicles – OWI — probable cause — field sobriety tests

Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — probable cause — field sobriety tests

Matthew Fellinger appeals a judgment of conviction for operating while intoxicated, first offense. Fellinger asserts field sobriety tests constitute a “search” within the meaning of the Fourth Amendment, and, therefore, he argues the quantum of evidence necessary to request a field sobriety test should be probable cause. He also argues the circuit court erred by denying his suppression motion because the officer unlawfully requested he perform field sobriety tests. We affirm. This opinion will not be published.

2013AP614 Town of Freedom v. Fellinger

Dist III, Outagamie County, Krueger, J., Stark, J.

Attorneys: For Appellant: Carroll, John M., Appleton; For Respondent: Teeling, Brenton D., Appleton

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