2010AP693-CR State v. Shaw

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Search and Seizure
OMVWI; investigative stop; probable cause

Kevin L. Shaw appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, fifth offense. See WIS. STAT. § 346.63(1)(a). Shaw contends that both the stop of his vehicle and his arrest were unconstitutional, requiring suppression of the evidence police obtained following the stop and arrest. We conclude that the investigative traffic stop was supported by probable cause that Shaw had committed a traffic violation, and that the arrest was supported by probable cause that Shaw had committed the offense of driving while intoxicated. Accordingly, we conclude that the stop and arrest were constitutional, and affirm. This opinion will not be published. See WIS. STAT. RULE 809.23(1)(b)5.

2010AP693-CR State v. Shaw

Dist. IV, Lincoln County, Tlusty, J., per curiam

Attorneys: For Appellant: Phelan, James R., Little Chute; For Respondent: Dunphy, Donald J., Merrill; Murphy, Anne Christenson, Madison

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