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4th Amendment Violation – Unreasonable Search
By: Derek Hawkins//July 6, 2021//
Listen to this articleWI Court of Appeals – District II
Case Name: State of Wisconsin v. Scott William Forrett
Case No.: 2019AP1850-CR
Officials: Neubauer, C.J., Gundrum and Davis, JJ.
Focus: 4th Amendment Violation – Unreasonable Search
Scott William Forrett challenges his judgment of conviction for operating a motor vehicle while intoxicated, seventh offense (OWI), and an order denying his motion for postconviction relief. He challenges as unconstitutional Wisconsin’s statutory scheme permitting the use of his prior refusal to submit to a warrantless blood test after arrest to increase the criminal penalty for a subsequent OWI. We agree and as such, reverse and remand for further proceedings.
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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.
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