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Motor Vehicles – OWI — reasonable suspicion

By: WISCONSIN LAW JOURNAL STAFF//October 22, 2014//

Motor Vehicles – OWI — reasonable suspicion

By: WISCONSIN LAW JOURNAL STAFF//October 22, 2014//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — reasonable suspicion

David C. Marker appeals from his conviction of operating his vehicle while intoxicated with children under age sixteen as passengers. Marker contends that the circuit court erred in denying his motion to suppress evidence on grounds that the community caretaker function justified stopping his vehicle when his former wife called police to report her fear that he was driving while intoxicated with their children in the vehicle. We affirm on different grounds, namely, that the tip created reasonable suspicion that justified the stop. This opinion will not be published.

2014AP1122-CR State v. Marker

Dist II, Waukesha County, Carter, J., Brown, C.J.

Attorneys: For Appellant: Zellner, Kiley, Milwaukee; For Respondent: Weber, Gregory M., Madison; Bayer, Bryan C., Waukesha

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