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00-1835, 00-1919-CRIn the Matter of the Refusal of Flunker: State v. Flunker

By: dmc-admin//June 4, 2001//

00-1835, 00-1919-CRIn the Matter of the Refusal of Flunker: State v. Flunker

By: dmc-admin//June 4, 2001//

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These appeals arise out of a combined refusal and suppression hearing in an Operating a Motor Vehicle While Intoxicated (OMVWI) prosecution. The trial court concluded that the police officer who stopped and then arrested Michael Flunker did not have a reasonable suspicion that Flunker was engaging in illegal activity. Accordingly, it granted Flunker’s motion to suppress evidence of his intoxicated driving. The court also concluded that because the officer lacked reasonable suspicion, Flunker was not lawfully placed under arrest. See Wis. Stat. sec. 343.305(9)(a)5 (1997-1998). The court therefore dismissed Flunker’s “refusal issue.” We conclude that under the circumstances, a police officer would have had a reasonable suspicion that Flunker was engaging in unlawful activity. We therefore reverse the part of the trial court’s order dismissing the “refusal issue” and remand for further proceedings, with instructions to address the sec. 343.305(9)(a) issues in light of this opinion. We also reverse the part of the trial court’s order suppressing evidence, and remand for further proceedings consistent with this opinion. Not recommended for publication in the official reports.

Dist IV, Dane County, Foust, J., Dykman, P.J.

Attorneys:

For Appellant: Paul W. Humphrey, Madison, et al.

For Respondent: Michele Anne Tjader, Madison

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