Warrantless Search – Probable Cause

By: Derek Hawkins//January 14, 2021//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Steven L. Sternitzky

Case No.: 2019AP2185-CR

Officials: NASHOLD, J.

Focus: Warrantless Search – Probable Cause

Steven Sternitzky appeals a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration, third offense. He challenges the circuit court’s denial of his suppression motion, arguing that his warrantless arrest was not based on probable cause. Sternitzky also argues that the circuit court improperly instructed the jury with respect to the presumption of intoxication and the automatic admissibility of test results, set forth in WIS JI—CRIMINAL 2669. For the reasons set forth below, I affirm.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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