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01-0709-CR State v. Smaxwell

By: dmc-admin//September 17, 2001//

01-0709-CR State v. Smaxwell

By: dmc-admin//September 17, 2001//

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Michael A. Smaxwell appeals from a judgment of conviction for operating a motor vehicle while intoxicated, third offense. Smaxwell argues that there was neither consent nor exigent circumstances to justify the warrantless search of his garage prior to his arrest. He also argues that the warrantless blood draw without his consent was illegal.

We disagree on both issues and affirm.

This opinion will not be published.

Dist II, Winnebago County, Haase, J., Brown, J.

Attorneys:

For Appellant: Michael E. Rudolph, Appleton

For Respondent: John M. Daniels, Oshkosh

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