OWI – Probable Cause

By: Derek Hawkins//May 15, 2019//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Robert W. Marsh

Case No.: 2018AP664-CR

Officials: Lundsten, P.J., Blanchard, and Fitzpatrick, JJ.

Focus: OWI – Probable Cause

Robert Marsh appeals related judgments convicting him of a fourth offense of operating a motor vehicle under the influence of an intoxicant (OWI) and fleeing or eluding a police officer. Marsh challenges information contained in the affidavit used to obtain a search warrant authorizing the taking of a sample of his blood and contends the circuit court erred in denying his suppression motion without a hearing. We conclude that Marsh was not entitled to a hearing because the affidavit provided probable cause for the warrant when the challenged information is ignored. We therefore affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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