2010AP1521 State v. Rick

By: WISCONSIN LAW JOURNAL STAFF//June 23, 2011//

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Motor Vehicles
OWI; blood draws; exigent circumstances

Matthew Rick appeals his judgment of conviction for operating a motorboat while under the influence of an intoxicant, first offense, contrary to Wis. Stat. § 30.681(1)(a), and an order denying his motion to suppress evidence of intoxication obtained by a nonconsensual, warrantless blood draw. Rick argues that the blood draw was an unreasonable search because his offense was a noncriminal violation, and exigent circumstances did not exist to justify the warrantless search. We disagree and conclude that the circuit court properly denied Rick’s motion to suppress. We therefore affirm. This opinion will not be published.

2010AP1521 State v. Rick

Dist IV, Waupaca County, Hoffmann, J., Higginbotham, J.

Attorneys: For Appellant: Bednarek, Jonas B., Madison; For Respondent: Fassbender, James H., Waupaca

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