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Unreasonable Seizure – Blood Test
By: Derek Hawkins//July 24, 2019//
Listen to this articleWI Supreme Court
Case Name: State of Wisconsin v. Jessica M. Randall
Case No.: 2019 WI 80
Focus: Unreasonable Seizure – Blood Test
A police officer arrested Jessica M. Randall for operating a motor vehicle while under the influence of an intoxicant. Ms. Randall gave the officer permission to take a sample of her blood for the purpose of determining its alcohol concentration. But before the Wisconsin State Laboratory of Hygiene could test it, she sent a letter revoking the consent she had previously given. The letter also demanded the immediate return or destruction of her blood sample. This, she says, made the subsequent test of her blood sample a violation of her constitutional right to be free of unreasonable searches and seizures. We do not agree, and so we reverse the decision of the court of appeals.
Reversed and remanded
Concur: ROGGENSACK, C.J. concurs, joined by ZIEGLER, J. and DALLET, J. (opinion filed).
Dissent: A.W. BRADLEY, J. dissents (opinion filed).
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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