4th Amendment Violation – Unreasonable Search and Seizure

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Justin W. Paull

Case No.: 2017AP1210-CR

Officials: KLOPPENBURG, J.

Focus: 4^th Amendment Violation – Unreasonable Search and Seizure

Justin Paull pled guilty to and was convicted of operating a motor vehicle while intoxicated, third offense. On appeal, Paull challenges the circuit court’s denial of his motion to suppress the results of a warrantless blood draw taken from Paull following a traffic accident. Specifically, Paull argues that: (1) the blood draw violated the Fourth Amendment’s protection against unreasonable searches and seizures because the statute on which the officer relied to obtain it is unconstitutional; and (2) the court erroneously ruled that, assuming that the statute is unconstitutional, suppression of the evidence of Paull’s blood test result was not appropriate because the evidence was seized “as a result of good faith reliance on existing law.”

Like the circuit court, I assume, without deciding, that the statute sections challenged by Paull, WIS. STAT. §§ 343.305(3)(ar) and 343.305(3)(b)2 , are unconstitutional. However, I also conclude that the circuit court properly denied Paull’s suppression motion based on the good faith exception to the exclusionary rule. Therefore, I 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.