OWI – Reasonable Suspicion

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Chad T. Kippley

Case No.: 2015AP1671-CR

Officials: KLOPPENBURG, P.J.

Focus: OWI – Reasonable Suspicion

Department of Natural Resources Warden Kyle Dilley observed a small vessel, operated by Chad Kippley, approach the dock at Lottes Park in the City of Monona traveling in a bow-up position with a large outboard motor attached to the back. The warden conducted an investigative stop to determine whether the motor attached to the vessel exceeded the maximum horsepower rating for the vessel, in violation of WIS. STAT. § 30.62(2m).2 Kippley was ultimately convicted of operating a boat while intoxicated as a second offense, based on evidence obtained as a result of the stop initiated by the warden. Kippley appeals the judgment of conviction, arguing that the circuit court erred in denying his motion to suppress evidence obtained as a result of the investigative stop because, according to Kippley, the warden lacked reasonable suspicion for the stop. For the reasons set forth below, I conclude that the stop was supported by reasonable suspicion of an overpowering motor violation, and I affirm the judgment of conviction.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.