Motion to Suppress Denied

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Dylan D. Radder

Case No.: 2016AP1954-CR

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Motion to Suppress Denied

Dylan D. Radder was arrested for operating a motor vehicle while intoxicated (OWI), and he appeals from an order denying his amended pretrial motion to suppress. The circuit court concluded that the motion was not sufficiently particular and denied the motion without a hearing. The issue before us is whether the circuit court erred by not conducting an evidentiary hearing on the motion. Radder’s chief argument is that the pretrial pleading standards established in State v. Velez are inapplicable, or at least significantly lower, on a motion to suppress evidence because the State bears the burden to show that warrantless searches and seizures are reasonable. We disagree. Velez sets forth the proper standards to determine whether a pretrial motion requires an evidentiary hearing, and Radder’s motion fails to satisfy these standards. Accordingly, we 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.