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Motion to Suppress Evidence

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Marty A. Nichols

Case No.: 2021AP001199-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Motion to Suppress Evidence

The State of Wisconsin appeals from a circuit court order granting Nichols’ motion to suppress evidence. Because the appeals court concludes that the arresting officer had reasonable suspicion to extend Nichols’ lawful traffic stop to investigate whether Nichols was operating a motor vehicle with a prohibited alcohol concentration (PAC) and also had probable cause to request a preliminary breath test (PBT), the court reverses and remand for further proceedings.

Reversed and remanded.

Decided 01/31/23

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