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Warrantless Search – Suppression of Evidence – Blood Test

WI Court of Appeals – District II

Case Name: State of Wisconsin v. Gilberto Castaneda-Bobadilla

Case No.: 2015AP2250-CR

Officials: Blanchard, Kloppenburg, and Graham, JJ.

Focus: Warrantless Search – Suppression of Evidence – Blood Test

This case arises from a 2012 warrantless blood draw that police ordered performed on Gilberto Castaneda-Bobadilla while he was unconscious in the hospital after he was involved in a fatal car crash. On appeal, Castaneda-Bobadilla argues that the blood draw was an unlawful search in violation of his Fourth Amendment rights and that evidence obtained from the blood draw should be suppressed under the exclusionary rule. Because we conclude that the good faith exception to the exclusionary rule precludes suppression of evidence obtained from the blood draw, 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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