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Field Research Paper

In: Other Topics

Submitted By panrider
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Homicide by Intoxicated use of vehicle or firearm
Wis.Stat.Ann §940.09

Issue: Is the taking of a blood sample a violation of Defendants fourth amendment rights?
Rule: Wis.Stat.Ann §343.305(3) (West 2012) states (a) upon arrest of a person for violation of s. 346.63(1), (2m) or (5) or a local ordinance in conformity therewith, or for a violation of s. 346.63(2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or upon arrest subsequent to a refusal under par. (ar), a law enforcement officer may request the person to provide one or more samples of his or her breath, blood or urine for the purpose specified under sub. (2). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample. S. 343.305 (3)(2) states if a person is the operator of a vehicle that is involved in an accident that causes the death of or great bodily harm to any person and the law enforcement officer has reason to believe that the person violated any state or local traffic law, the officer may request the operator to provide one or more samples of his or her breath, blood, or urine for the purpose specified under sub. (2). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this subdivision and one or more samples specified in par. (a) or (am) may be administered to the person. If a person refuses to take a test under this subdivision, he or she may be arrested under par. (a).
Application: In State v. Seibel, 163 Wis. 2d 164 471 N.W.2d 226 (1991) defendant had been charged with homicide by intoxicate use of vehicle move to suppress evidence seized as a result of blood-alcohol test administered at hospital following his arrest...

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