OWI – Motion to Suppress

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Zachary W. Swan

Case No.: 2015AP1718-CR

Officials: SHERMAN, J.

Focus: OWI – Motion to Suppress

Zachary Swan appeals a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (PAC), second offense. Swan contends that the arresting officer did not have probable cause to request that he perform a preliminary breath test (PBT) and that the results of that test, and any evidence obtained thereafter, should have been suppressed. Upon Swan’s motion for reconsideration, this court has withdrawn its prior opinion that affirmed the judgment on the grounds that Swan had not argued that the circuit court’s denial of his motion to suppress on the basis of issue preclusion was erroneous. Swan argued in his reconsideration motion that in light of the fact that both he and the State failed to address the circuit court’s apparent denial of Swan’s motion on the basis of issue preclusion in their briefs on appeal, he should be permitted to do so. The State did not oppose Swan’s motion. For the reasons discussed below, I affirm.

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