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Suppression of Evidence

By: WISCONSIN LAW JOURNAL STAFF//February 26, 2024//

Suppression of Evidence

By: WISCONSIN LAW JOURNAL STAFF//February 26, 2024//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Nicholas Allen Paulson

Case No.: 2022AP000186

Officials: Gill, J.

Focus: Suppression of Evidence

Paulson appeals an order that imposed penalties after a jury found him guilty of operating a motor vehicle while intoxicated (OWI), as a first offense. Paulson argues that the circuit court should have granted his motion to suppress evidence because he was arrested without probable cause. The appeals court concludes the court properly determined that law enforcement had probable cause to arrest Paulson. The appeals court reasoned that the circuit court correctly concluded, based on the evidence introduced at the suppression hearing, that State Trooper Boley had probable cause to arrest Paulson for OWI. The court credited Boley’s testimony that Paulson’s eyes were bloodshot and glassy and that Boley noticed an odor of intoxicants coming from Paulson. In addition, Paulson admitted to drinking six to twelve beers, and Boley noticed a thirty-six pack of beer with approximately twelve cans missing inside of Paulson’s vehicle. Boley also testified that upon his initial contact with No. 2022AP186 7 Paulson, Paulson’s speech was slurred and Paulson “stumbled and came close to falling over” when he stood up


Decided 02/21/24

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