2011AP320 State v. Davis

By: WISCONSIN LAW JOURNAL STAFF//June 22, 2011//

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Extrajurisdictional arrest; fresh pursuit

The State of Wisconsin appeals from a decision of the circuit court dismissing the operating a motor vehicle while intoxicated (OWI) and the operating with a prohibited alcohol concentration (PAC) charges against Blair T. Davis. The circuit court dismissed the charges after it found that the UW-Oshkosh police officers were not in “fresh pursuit” of Davis and thus did not have the authority to arrest Davis outside of campus property. We hold that the campus police did have the authority to arrest Davis off-campus and thus reverse the circuit court. This opinion will not be published.

2011AP320 State v. Davis

Dist II, Winnebago County, Hawley, J., Reilly, J.

Attorneys: For Appellant: Weber, Gregory M., Madison; Levin, Adam Joseph, Oshkosh; For Respondent: Posanski, Daniel J., Oshkosh

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