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Motion to Suppress Evidence Denied

By: Derek Hawkins//May 16, 2018//

Motion to Suppress Evidence Denied

By: Derek Hawkins//May 16, 2018//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Anthony H. Garbacz, Jr.

Case No.: 2017AP1419-CR

Officials: SHERMAN, J.

Focus: Motion to Suppress Evidence Denied

Anthony Garbacz, Jr., appeals from a judgment of conviction for second offense operating a motor vehicle while under the influence of an intoxicant. See WIS. STAT. § 346.63(1)(a). Garbacz contends the circuit court erred in denying his motion to suppress evidence obtained after his arrest.  Garbacz argues that because Iowa’s version of the Uniform Law on Close Pursuit, see IOWA CODE ch. 806 (2018), was violated, the exclusionary rule requires suppression of that evidence. For the reasons discussed below, I disagree with Garbacz and affirm 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.

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