By: WISCONSIN LAW JOURNAL STAFF//March 6, 2014//
Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI – arrest — transportation
The State of Wisconsin appeals an order of the circuit court granting Michael Adrian’s motion to suppress evidence, which was granted on the basis that the evidence was obtained following an unlawful arrest. The State contends that the transportation of Adrian to the nearest police station for the purpose of performing field sobriety tests did not convert a lawful Terry detention into an illegal custodial arrest. I agree and therefore reverse. This opinion will not be published.
Dist IV, Rock County, Werner, J., Sherman, J.
Attorneys: For Appellant: Weber, Gregory M., Madison; Jahnke, Mark M., Janesville; For Respondent: Chirafisi, Corey C., Madison