Court Error – Motion to Suppress – Reasonable Suspicion

By: Derek Hawkins//January 17, 2017//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Brittanie Jo Palaia

Case No.: 2016AP467-CR

Officials: Stark, P.J.

Focus: Court Error – Motion to Suppress – Reasonable Suspicion

Brittanie Palaia appeals a judgment of conviction for operating a motor vehicle while intoxicated as a first offense with a passenger under the age of sixteen. She argues the circuit court erred by failing to suppress evidence gathered during a traffic stop because the officer lacked reasonable suspicion to believe Palaia was committing a traffic offense. We agree. Accordingly, we reverse the judgment and remand for the circuit court to grant Palaia’s suppression motion and 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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