Constitutionality – Suppression of Evidence

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WI Supreme Court

Case Name: State of Wisconsin v. Navdeep S. Brar

Case No.: 2017 WI 73

Focus: Constitutionality – Suppression of Evidence

We review an unpublished decision of the court of appeals affirming the conviction of Navdeep Brar (Brar) for operating while intoxicated, third offense in violation of Wis. Stat. § 346.63(1)(a) (2014-15) and an order of the circuit court denying Brar’s motion to suppress the results of a blood test.  Brar moved to suppress the results of a blood test on the grounds that it was an unconstitutional search. Specifically, he argued that he did not consent to having his blood drawn, and therefore, the officer was required to obtain a warrant. The circuit court denied Brar’s motion and found that Brar had consented. On appeal, Brar argues that, even if he had consented, his consent was not given voluntarily.

We conclude that the circuit court’s finding that Brar consented to the blood draw was not clearly erroneous. Additionally, we conclude that Brar’s consent was voluntary. Accordingly, we affirm the decision of the court of appeals.

Affirmed

Concur: R.G. Bradley, J., Kelly, J.,

Dissent: Abrahamson, J., A.W. Bradley, J.

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