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Motor Vehicles – OWI – probable cause

Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI – probable cause

APPEAL from an order of the circuit court for Rock County: RICHARD T. WERNER, Judge. Reversed and cause remanded.

The State appeals an order suppressing evidence obtained against defendant David Kline in an operating while intoxicated (OWI) and prohibited alcohol concentration (PAC) case. The circuit court concluded that the investigating officer transformed an investigatory stop into an arrest without probable cause when he transported defendant David Kline to the police department garage to perform sobriety tests. We will assume for the sake of argument that the transportation constituted an arrest. However, for the reasons discussed below, we conclude that the officer had probable cause for arrest at that time. Accordingly, we reverse the suppression order and remand for further proceedings.

DISTRICT IV; Rock County; RICHARD T. WERNER, Judge; Blanchard, P.J., Sherman and Kloppenburg, JJ.

2013AP002628-CR State v. David L. Kline, Jr.

Attorneys: For Appellant: Urbik, Gerald A.; Winter, Tiffany M. For Respondent: Alesia, Susan E.

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