Motion to Supress Evidence Denied

By: Derek Hawkins//June 13, 2018//

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WI Court of Appeals – District IV

Case Name: Dane County v. Damian A. Bethke

Case No.: 2017AP1284

Officials: BLANCHARD, J.

Focus: Motion to Supress Evidence Denied

Damian Bethke appeals a refusal judgment and challenges the circuit court’s order denying his motion to suppress evidence obtained by police leading up to his warrantless arrest on a drunk driving charge. Bethke argues that he was unlawfully seized without the justification of reasonable suspicion or probable cause. Because law enforcement was presented with reasonable suspicion to believe that a traffic violation had occurred, I conclude that law enforcement had a reasonable basis for the temporary investigatory detention. I also conclude that this temporary investigatory detention was not transformed into an arrest by police conduct that Bethke now challenges. Accordingly, I 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.

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