2011AP666-CR State v. Burch

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Motor Vehicles
OWI; reasonable suspicion

The issue on appeal is whether an officer had reasonable suspicion to make an investigative traffic stop. Kevin Burch appeals the circuit court’s denial of his motion to suppress evidence and the judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration, in violation of Wis. Stat. § 346.63(1)(b), second offense. Burch argues that the arresting officer did not have reasonable suspicion to initiate the investigative stop, and therefore the court erred in denying his motion to suppress evidence resulting from the stop. For the reasons explained below, the court properly denied the motion because, based on the totality of the circumstances, the officer had reasonable suspicion. This opinion will not be published.

2011AP666-CR State v. Burch

Dist IV, La Crosse County, Gonzalez, J., Blanchard, J.

Attorneys: For Appellant: Dyer, Christopher W., Onalaska; For Respondent: Weber, Gregory M., Madison; Gomez, Gary R., La Crosse

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