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OWI – Warrantless Search – Blood Test

By: Derek Hawkins//September 9, 2020//

OWI – Warrantless Search – Blood Test

By: Derek Hawkins//September 9, 2020//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Yancy Kevin Dieter

Case No.: 2018AP2269-CR

Officials: Blanchard, Graham, and Nashold, JJ.

Focus: OWI – Warrantless Search – Blood Test

Yancy Dieter faces criminal charges that include homicide by intoxicated use of a vehicle. The circuit court granted Dieter’s motion to suppress evidence of his blood alcohol concentration, which was obtained through a warrantless blood draw, and the State appeals. Based on the totality of the circumstances, we conclude that exigent circumstances justified the warrantless blood draw, and accordingly we reverse the suppression 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.

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