Suppression of Evidence

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Laquanda N. Strawder

Case No.: 2022AP002112-CR

Officials: White, C.J.

Focus: Suppression of Evidence

The State appeals from the circuit court’s order granting Laquanda N. Strawder’s motion to suppress “all physical evidence; statements; observations; and test results.” The State argues the circuit court failed to properly apply the totality of the circumstances test when it determined there was no probable cause for Officer James McLean to arrest Strawder for operating a vehicle while intoxicated. The State also argues the circuit court failed to clearly state its findings of fact, so this court should examine the factual record ab initio. Finally, the State argues that even when applying the circuit court’s findings, Officer McLean had probable cause to arrest Strawder. Strawder contends the circuit court properly determined that Officer McLean lacked probable cause and clearly stated its findings at the motion hearing.

The appeals court concludes that the circuit court properly applied the totality of the circumstances test and made sufficient findings of fact and thus upholds those findings. However, after independently applying the circuit court’s findings the appeals court concludes that Officer McLean had probable cause to arrest Strawder for operating under the influence of an intoxicant. Therefore, the appeals court reverses the order granting Strawder’s motion to suppress.

Reversed and remanded.

Decided 01/17/24

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