Suppression of Evidence – Blood Test

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Jessica M. Randall

Case No.: 2017AP1518-CR

Officials: KLOPPENBURG, J.

Focus: Suppression of Evidence – Blood Test

The State of Wisconsin appeals the circuit court’s decision and order granting Jessica Randall’s motion to suppress the results of a blood test. The circuit court granted Randall’s motion to suppress because: under the applicable law, Randall had the right to withdraw her consent to the blood test after her blood was taken but before it was tested, so long as she clearly and unequivocally withdrew her consent; Randall did clearly and unequivocally withdraw her consent; and, therefore, the State’s subsequent blood testing was without a lawful basis and its use as evidence would violate Randall’s Fourth Amendment rights.

On appeal, the State does not dispute that Randall’s attempt to withdraw her consent was clear and unequivocal. Rather, the State argues that Randall no longer had the right to withdraw her consent and that Randall’s withdrawal attempt came too late because, as a matter of law, an individual can only withdraw his or her consent to a blood test before the blood is taken, not after. Based on the applicable law, I disagree. The circuit court properly suppressed the blood test results because: (1) the taking and testing of the blood, together, comprise a single search to which constitutional protections attach, see State v. VanLaarhoven, 2001 WI App 275, ¶16, 248 Wis. 2d 881, 637 N.W.2d 411; and (2) the search had not yet been completed when Randall withdrew her consent before the blood was tested and, therefore, Randall retained her right to withdraw her consent to continuation of that search, see State v. Wantland, 2014 WI 58, ¶33-34, 355 Wis. 2d 135, 848 N.W.2d 810. Accordingly, I affirm the decision of 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.