Suppression of Evidence – Good-faith Exception

By: Derek Hawkins//December 24, 2019//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Jenifer A. Will

Case No.: 2016AP7100-CR

Officials: Blanchard, Graham and Nashold, JJ.

Focus: Suppression of Evidence – Good-faith Exception

The State appeals a circuit court order suppressing blood draw evidence. The State argues that the unconscious driver provision in the implied consent law authorized the blood draw or, alternatively, that the police relied in good faith on the provision. We reject the narrow argument that Will makes on appeal regarding the good faith exception and conclude that the evidence should not have been suppressed because the police relied on the unconscious driver provision in good faith. We reverse.

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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