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Suppression of Evidence – Blood Test
By: Derek Hawkins//April 18, 2018//
Listen to this articleWI Court of Appeals – District IV
Case Name: State of Wisconsin v. Collin M. Gallagher
Case No.: 2017AP1403-CR
Officials: LUNDSTEN, P.J.
Focus: Suppression of Evidence – Blood Test
Collin Gallagher appeals the circuit court’s judgment convicting him of a third intoxicated driving offense. Gallagher argues that the circuit court should have suppressed blood test results evidencing Gallagher’s intoxication.
As I understand Gallagher’s supporting arguments, they depend on the premise that there are only two ways to interpret the warrant, and that either of these interpretations leads to suppression. The first way—which corresponds to Gallagher’s main argument—is that the warrant authorizes the taking of Gallagher’s blood but not subsequent testing of the blood. The second way— which corresponds to what appears to be an alternative argument—is that the warrant implicitly and improperly authorizes unlimited testing of Gallagher’s blood. I affirm.
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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