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Motion to Suppress – Reasonable Suspicion

By: Rick Benedict//July 13, 2016//

Motion to Suppress – Reasonable Suspicion

By: Rick Benedict//July 13, 2016//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Cynthia J. Popp

Case No.: 2016AP431-CR

Officials: KLOPPENBURG, P.J.

Focus: Motion to Suppress – Reasonable Suspicion

The State of Wisconsin appeals the order granting Cynthia Popp’s motion to suppress evidence arising out of a traffic stop. The circuit court held that there was no reasonable suspicion to support field sobriety testing and, therefore, granted Popp’s motion to suppress the field sobriety test results and subsequent evidence of intoxication. The State argues that, under all the facts and circumstances, the arresting officer did have the requisite reasonable suspicion that Popp was operating under the influence of an intoxicant or operating with a prohibited alcohol concentration and, therefore, the officer properly extended Popp’s detention for field sobriety testing. For the reasons set forth below, I conclude that the totality of the facts and circumstances here gave rise to reasonable suspicion that Popp was operating with a prohibited alcohol concentration, and therefore, I reverse the circuit court’s order and remand for further proceedings.

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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.

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