Motion to Suppress

By: Derek Hawkins//May 17, 2016//

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WI Court of Appeals: District III

Case Name: State of Wisconsin v. Justin Carl Herman Hembel

Case No.: 2015AP1220-CR

Officials: STARK, P.J.

Focus: Motion to Suppress

The State of Wisconsin appeals an order granting Justin Hembel’s motions to dismiss and to suppress evidence obtained during a traffic stop. The State argues the stop of Hembel’s vehicle was reasonable because the officer had probable cause to believe Hembel violated WIS. STAT. § 346.54, entitled “How to park and stop on streets.” Based on the evidence introduced at the suppression hearing, we conclude the officer lacked probable cause to believe Hembel violated § 346.54. We therefore affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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