Motor Vehicles – OWI — extra-territorial jurisdiction

By: WISCONSIN LAW JOURNAL STAFF//May 14, 2014//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — extra-territorial jurisdiction

John Downey appeals from his citations for operating a vehicle while intoxicated and with a prohibited alcohol concentration, arguing that the traffic stop leading to those citations violated statutory and constitutional law because it was conducted by a West Allis police officer outside the boundaries of West Allis. The municipal court determined that the officer, following up on a citizen complaint about a serious emergency — a vehicle proceeding west in the eastbound lane of traffic — had the right to conduct this traffic stop just outside of the boundaries of West Allis. The circuit court affirmed. We do as well. This opinion will not be published.

2013AP2352-FT City of New Berlin v. Downey

Dist II, Waukesha County, Foster, J., Brown, C.J.

Attorneys: For Appellant: Owens, Joseph F., New Berlin; For Respondent: Schmitzer, Thomas G., Waukesha

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