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OWI – Warrantless Search

By: Derek Hawkins//June 12, 2019//

OWI – Warrantless Search

By: Derek Hawkins//June 12, 2019//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Brett C. Basler

Case No.: 2018AP2299-CR

Officials: REILLY, P.J.

Focus: OWI – Warrantless Search

Brett C. Basler appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense, pursuant to WIS. STAT. § 346.63(1)(a). Basler argues that the circuit court erred in denying his motion to suppress evidence derived from the unlawful entry of his home. Based on the particular facts of this case, as the police intrusion into Basler’s home occurred without a warrant and without exigent circumstances, we conclude that the circuit court erred in denying Basler’s motion to suppress. We reverse.

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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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