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Probably Cause – Suppression of Evidence

By: Derek Hawkins//October 7, 2021//

Probably Cause – Suppression of Evidence

By: Derek Hawkins//October 7, 2021//

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WI Court of Appeals – District IV

Case Name: Portage County v. Sean Michael Dugan

Case No.: 2021AP454; 2021AP455

Officials: FITZPATRICK, J.

Focus: Probably Cause – Suppression of Evidence  

Sean Dugan was stopped by an officer on suspicion of operating a motor vehicle while intoxicated. There was inclement weather at the time of the stop, and the officer directed Dugan to perform field sobriety tests on the side of the road. After those tests, the officer placed Dugan under arrest, transported him to a hospital to have his blood drawn, and the draw established that Dugan’s blood had .268g/100mL ethanol. As a result, Dugan was charged with operating a vehicle while intoxicated in the Portage County Circuit Court. Dugan moved to suppress the results of the blood draw on the ground that his detention and arrest violated the Fourth Amendment because the officer did not transport Dugan to a location sheltered from the weather to perform the field sobriety tests. Dugan also argued that the officer lacked probable cause to arrest. The circuit court denied Dugan’s suppression motion, and later found Dugan guilty after a court trial. Dugan appeals the judgment. I affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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