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Suppression of Evidence – Blood Test

WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Jeffrey L. Moeser

Case No.: 2019AP2184-CR

Officials: Fitzpatrick, P.J., Kloppenburg, and Nashold, JJ.

Focus: Suppression of Evidence – Blood Test

Jeffrey Moeser appeals a judgment convicting him of operating while intoxicated, sixth offense. See WIS. STAT. § 346.63(1)(a) (2019-20). He contends that the results from chemical testing of his blood should have been suppressed because the affidavit in support of the search warrant authorizing the blood draw was not sworn to under oath by the affiant police officer, in violation of the United States and Wisconsin constitutions. We conclude that the affidavit satisfied the requirement that search warrants be supported by oath or affirmation, and therefore affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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