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Suppression of Evidence – Blood Test

By: WISCONSIN LAW JOURNAL STAFF//November 28, 2022//

Suppression of Evidence – Blood Test

By: WISCONSIN LAW JOURNAL STAFF//November 28, 2022//

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WI Court of Supreme Court

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

Case No.: 2019AP002184-CR

Officials: Annette Kingsland Ziegler, C.J.

Focus: Suppression of Evidence – Blood Test

Moeser was convicted of operating while intoxicated (OWI) sixth offense. He challenges the warrant which compelled him to submit to a blood draw. He argues that the warrant is constitutionally defective because the affiant was not placed under oath or affirmation when he signed the affidavit which accompanied the warrant application. According to Moeser, this omission failed to satisfy the requirement under the Fourth Amendment and Article I, Section 11 of the Wisconsin Constitution. As a result, Moeser argues that the circuit court erroneously denied his motion to suppress evidence and that the court of appeals erred in affirming. The Supreme Court concludes that the affidavit fulfilled the oath or affirmation requirement under the United States and Wisconsin constitutions because “[t]he purpose of an oath or affirmation is to impress upon the swearing individual an appropriate sense of obligation to tell the truth,” and here the officer was impressed with that obligation. The circuit court did not err in denying Moeser’s motion to suppress, according to the Supreme Court.

Affirmed.

Decided 11/23/22

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