2010AP1553-CR State v. Cain

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Hit-and-Run
Probable cause

Arthur Cain appeals judgments convicting him of two counts of disorderly conduct, one count of operating a motor vehicle after revocation (OAR), and fifth offense operating a motor vehicle while intoxicated (OWI). Cain contends that: (1) police lacked probable cause to arrest him for disorderly conduct in his residence, requiring suppression of the evidence obtained following his arrest; and (2) the victim’s in-court identification of Cain was inadmissible because it was tainted by the victim’s inadmissible prior out-of-court identification. The State responds that: (1) police had probable cause to arrest Cain for OWI, hit-and-run, or disorderly conduct, any one of which validates the arrest, and also had reasonable suspicion to support a subsequent blood draw; and (2) the in-court identification was sufficiently independent of the out-of-court identification to allow admission of the former.

We conclude that police had probable cause to arrest Cain for hit-and-run, and thus the arrest was valid; that police had reasonable suspicion for the blood draw; and that the in-court identification had a sufficiently established independent source to warrant admission. We affirm. This opinion will not be published.

2010AP1553-CR State v. Cain

Dist IV, Monroe County, McAlpine, J., Per Curiam

Attorneys: For Appellant: Zaleski, Steven, Madison; For Respondent: Freimuth, James M., Madison; Rindal, Peter J., Sparta

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