Warrantless Search – Blood Test

By: Derek Hawkins//June 23, 2020//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. David M. Hay

Case No.: 2018AP2240-CR

Officials: GUNDRUM, J.

Focus: Warrantless Search – Blood Test

The State appeals from an order granting David Hay’s motion to suppress the results of a warrantless blood draw performed after Hay was arrested for fifth offense operating a motor vehicle while intoxicated (OWI) and from an order denying the State’s motion for reconsideration. The State asserts the court erred in granting Hay’s suppression motion because exigent circumstances justified drawing Hay’s blood without a warrant. Because the State failed to meet its burden of demonstrating that the blood draw was lawfully conducted without a warrant, we conclude the court did not err.

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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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