Motor Vehicles – OWI — warrantless blood draws

By: WISCONSIN LAW JOURNAL STAFF//April 17, 2014//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — warrantless blood draws

Neil Morton appeals a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. Morton contends the circuit court erred in failing to suppress the results of his blood test because the results were obtained without a warrant and in the absence of exigent circumstances. I conclude that this court’s recent opinion in State v. Reese, 2014 WI App 27, ___ Wis. 2d ___, ___ N.W.2d ___, is controlling and that because the arresting officer was acting in good faith reliance on established Wisconsin Supreme Court precedent at the time the blood draw was obtained, the circuit court did not err in denying Morton’s motion to suppress. Accordingly, I affirm. This opinion will not be published.

2013AP2366-CR State v. Morton

Dist IV, Dane County, Genovese, J., Sherman, J.

Attorneys: For Appellant: Stangl, Patrick J., Madison; For Respondent: Weber, Gregory M., Madison; Viste, Michelle L., Madison

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