By: Derek Hawkins//November 20, 2017//
WI Court of Appeals – District III
Case Name: State of Wisconsin v. Bryan J. Landwehr
Case No.: 2016AP2536-CR
Officials: STARK, P.J.
Focus: Motion to Suppress Evidence Denied
Bryan Landwehr appeals a judgment of conviction for fourth-offense operating a motor vehicle with a prohibited alcohol concentration (PAC). Landwehr argues the circuit court erred in denying his suppression motion because he was unlawfully seized in the curtilage of his home without a warrant. The State concedes this issue, but argues that the community caretaker exception to the warrant requirement is applicable. We disagree. Accordingly, we reverse and direct the circuit court on remand to grant Landwehr’s suppression motion.