Suppression – Fourth Amendment

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Darren Wade Caster

Case No.: 2015AP1965-CR

Officials: Hruz, J.

Focus: Suppression – Fourth Amendment

Darren Caster appeals a judgment of conviction for second-offense operating a motor vehicle while intoxicated (OWI). Caster argues the circuit court erroneously denied his motion to suppress when it determined officer Carlos de la Cruz of the City of New Richmond Police Department did not violate Caster’s Fourth Amendment rights when de la Cruz conducted a traffic stop outside of New Richmond’s municipal limits without being in “fresh pursuit” under WIS. STAT. § 175.40(2). We need not decide whether de la Cruz was engaged in fresh pursuit under that statute because we agree with the State’s alternative argument. Namely, the evidence obtained following the stop should not be suppressed because there was no constitutional violation, and any determination that de la Cruz was not acting in his official capacity under § 175.40(2) does not, under the facts of this case, merit suppression as a remedy. Accordingly, we affirm the judgment of the circuit court.

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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.