Illegal Search and Seizure

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Tracy Dean Martin

Case No.: 2017AP296-CR

Officials: BRASH, J.

Focus: Illegal Search and Seizure

Tracy Dean Martin appeals from a judgment of conviction, entered by the trial court upon accepting Martin’s plea to operating while intoxicated (OWI) as a fourth offense. Specifically, Martin appeals the trial court’s denial of his motion to suppress all of the evidence gathered against him as a result of his arrest, which he had filed prior to entering his plea. His argument in the motion, which he reiterates on appeal, is that neither the anonymous tip of an intoxicated driver nor the officers’ independent observations of Martin was sufficient to ascertain reasonable suspicion. Therefore, he contends that his arrest was an unreasonable search and seizure in violation of the Fourth Amendment.

The trial court found that the officers had established reasonable suspicion for Martin’s arrest, and thus the search and seizure of Martin was justified. We agree and affirm.

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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.