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OWI – Warrantless Search – Probable Cause
By: Derek Hawkins//April 7, 2020//
Listen to this articleWI Court of Appeals – District II
Case Name: State of Wisconsin v. Lois M. Bertrand
Case No.: 2019AP1240-CR
Officials: REILLY, P.J.
Focus: OWI – Warrantless Search – Probable Cause
Lois M. Bertrand appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), second offense, with a passenger under the age of sixteen pursuant to WIS. STAT. §§ 346.63(1)(a) and 346.65(2)(f)2. Bertrand argues that the circuit court erred in denying her motion to suppress based on her unlawful seizure within the curtilage of her home. As the officer’s intrusion into Bertrand’s attached garage occurred without a warrant and without probable cause or exigent circumstances, we conclude that the circuit court erred in denying Bertrand’s motion to suppress. 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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