By: WISCONSIN LAW JOURNAL STAFF//December 10, 2014//
By: WISCONSIN LAW JOURNAL STAFF//December 10, 2014//
Wisconsin Court of Appeals
Criminal
Search and Seizure — community caretaker function
David C. Marker appeals from his conviction for operating his vehicle while intoxicated with children under age sixteen as passengers and denial of his motion for postconviction relief. Marker contends that the circuit court erred when it determined that the community caretaker function justified a police officer’s warrantless stop of Marker’s vehicle, based upon Marker’s former wife’s report that Marker was driving while intoxicated with their children in his vehicle.
Affirmed.
2014AP1122-CR State v. David C. Marker
DISTRICT II; Waukesha County; LLOYD CARTER, Judge; BROWN, C.J.
Attorneys: For Appellant: Zellner, Kiley For Respondent: Bayer, Bryan C.; Weber, Gregory M.