Voluntary Consent to blood Draw- -Fourth Amendment

WI Court of Appeals – District I

Case Name: County of Milwaukee v. Troy Michael Tordoer

Case No.: 2024AP002492

Officials: Donald, C.J.

Focus: Voluntary Consent to blood Draw- -Fourth Amendment

After a traffic stop, a deputy observed signs of intoxication by Tordoer, including lane deviation, a strong odor of alcohol, slurred speech, and poor performance on field sobriety tests. The deputy informed him that he could provide a breath or blood sample and explained that, if he refused, the deputy would seek a warrant, which could take several hours. Tordoer consented to a blood draw, which showed a blood alcohol concentration of 0.178.

The circuit court denied Tordoer’s motion to suppress, finding that his consent was voluntary. The Wisconsin Court of Appeals agreed, finding that the deputy’s statements were truthful explanations of the consequences of refusing the test and did not amount to coercion or misrepresentation. The court distinguished cases involving false claims of having a warrant or inaccurate warnings about refusal penalties, and emphasized that the interaction was respectful, Tordoer was informed of his right to refuse, and the deputy’s statements accurately described the likely process.

The court concluded that the State proved by clear and convincing evidence that Tordoer voluntarily consented to the blood draw.

Affirmed.

Decided 07/28/26

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