Motion To Suppress

By: Derek Hawkins//December 29, 2016//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. John D. Myer

Case No.: 2016AP490-CR

Officials: Blanchard, J.

Focus: Motion To Suppress

John Myer challenges a suppression ruling of the circuit court in this appeal of a judgment finding him guilty of operating a motor vehicle while intoxicated, second offense. Myer argues that, while he sat apparently sleeping or unconscious in his vehicle, he was unreasonably seized by a police officer in violation of the Fourth Amendment, and therefore all evidence obtained following his seizure should have been suppressed. I affirm the circuit court’s denial of the suppression motion and denial of a motion for reconsideration because I conclude that, assuming without deciding that the officer’s conduct constituted a seizure under the Fourth Amendment, this conduct was lawful because the officer acted in a community caretaker capacity.

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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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