Warrantless Search – Blood Test

By: Derek Hawkins//May 19, 2020//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Shannon G. Potocnik

Case No.: 2019AP523-CR

Officials: SEIDL, J.

Focus: Warrantless Search – Blood Test

Shannon Potocnik, pro se, appeals a judgment convicting him of operating a motor vehicle with a prohibited alcohol concentration (PAC) as a second offense. The conviction was entered on Potocnik’s no-contest plea following the circuit court’s denial of his motion to suppress. That motion sought to suppress the result of a warrantless chemical blood test obtained at a hospital after a law enforcement officer had entered Potocnik’s house without a warrant. Potocnik argues the circuit court erred in concluding that: (1) the community caretaker exception to the Fourth Amendment’s warrant requirement applied to permit the warrantless search of his house; and (2) Potocnik’s warrantless blood draw did not violate the Fourth Amendment due to exigent circumstances. We 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.

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