Unreasonable Search – OWI – Blood Test

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Justin T. Kane

Case No.: 2018AP1885-CR

Officials: FITZPATRICK, P.J.

Focus: Unreasonable Search – OWI – Blood Test

Justin Kane appeals an order of the Iowa County Circuit Court denying his motion to suppress the results of blood alcohol testing. Kane, who was arrested for operating a motor vehicle while under the influence of an intoxicant (OWI), third offense, 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, Kane sent a letter to the laboratory in an attempt to revoke his consent to test the sample. The first question before this court is whether the testing of Kane’s blood violated his 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 the conclusion that the testing of Kane’s blood was not unconstitutional. The second question before this court is whether Kane’s consent to the blood draw was voluntary. I conclude that Kane’s consent was voluntary under the totality of circumstances. Accordingly, I affirm the circuit court’s order.

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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.