Warrantless Search – OWI – Blood Test

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. John W. Lane

Case No.: 2019AP153-CR

Officials: FITZPATRICK, J.

Focus: Warrantless Search – OWI – Blood Test

The State appeals an order of the Portage County Circuit Court suppressing the results of blood alcohol testing of John Lane’s blood. Lane, who was arrested for operating a motor vehicle while under the influence of an intoxicant (OWI), consented to the taking of a sample of his blood for the purpose of determining his blood alcohol concentration. Before the Wisconsin State Laboratory of Hygiene tested the sample, Lane sent a letter to the laboratory revoking his consent to test the sample. The question before this court is whether the testing of Lane’s blood following his revocation of consent violated Lane’s Fourth Amendment right to be free from an unreasonable search. This is the same question recently addressed by our supreme court in State v. Randall, 2019 WI 80, 387 Wis. 2d 744, 930 N.W.2d 223. I conclude that the Randall decision controls here and requires that this court reverse the circuit court’s order of suppression.

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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.