Unlawful Seizure – Suppression of Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jamie Lee Duval

Case No.: 2021AP000416-CR

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

Focus: Unlawful Seizure – Suppression of Evidence

Jamie Duval appeals a judgment, entered following a no-contest plea, convicting him of operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood, as a fourth offense and as a repeater. Duval also appeals an order denying his postconviction motion. Duval contends that the circuit court erred by granting the State’s motion for reconsideration of the court’s original decision granting Duval’s motion to suppress.

The appeals court concludes that the arresting officer had reasonable suspicion that Duval was operating a motor vehicle either while unlawfully under the influence of an intoxicant or with a detectable amount of a restricted controlled substance in his blood so as to extend the traffic stop that led to Duval’s arrest. Accordingly, the court correctly granted the State’s motion for reconsideration, denied Duval’s motion to suppress, and denied Duval’s postconviction motion.

Affirmed.

Decided 05/02/23

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