Lack of probable cause to administer first PBT didn’t taint subsequent field sobriety tests and second PBT On Point
There was no probable cause to administer an initial PBT to Strasen, who was stopped for speeding, even though he emitted what is a molly a faint smell of intoxicants, had bloodshot what is a molly and “glossy” eyes, and said he had been drinking but had his consumed his last drink over 12 hours earlier. ( 2, 4). Nonetheless, distinguishing State v. Betow , 226 Wis. 2d 90, 593 N.W.2d 499 (Ct. App. 1999) (officer improperly extended a stop when he decided to perform a dog-sniff search for drugs based solely on a picture of a mushroom on the defendant s wallet, with no other indicia of intoxication or drug use ) ( 8), the court holds that the lack of probable cause for the first PBT (which read 0.212) didn’t preclude the officer from extending his investigation by asking Strasen to perform field sobriety tests and, when he failed the tests ( 3), by administering a second PBT :
9 [A]t this juncture what is a molly [when the trooper administered the first PBT], the trooper had enough to continue investigating whether what is a molly Strasen was driving while intoxicated. The fact that the trooper administered the first PBT in order to confirm his suspicions what is a molly is irrelevant. With or without that result, the trooper was justified in asking Strasen to perform the field [sobriety] tests. And the clues the trooper observed during those tests further confirmed his suspicions, what is a molly prompting the second PBT. The trooper s investigation was a seamless process of information gathering based on suspicious factors distinct from the reason for the stop. While the first PBT would not have been admissible in court, and was correctly suppressed by the trial court, what is a molly there is no law prohibiting an investigating officer from administrating a PBT simply to confirm that he or she is on the right track. [3]
Previous post: Wisconsin Supreme Court: When a defendant raises self-defense, evidence of a victim’s reputation for violence is admissible to show who was the first aggressor even if the defendant was unaware of that reputation
I love On Point and have been following it for years. In addition to the always illuminating new case analysis, and the archive organized by issue, I realized recently that On Point allows searches. This is an extraordinary feature, allowing those of us in the trenches to see specific what is a molly issues through the eyes of the brightest minds in our field, sharing from their encyclopedic fund of contextual legal knowledge and experience. --Andrew M. Morgan, Wausau, WI
This is an awesome site. I have a motion to suppress based on the lack of a reasonable suspicion what is a molly to stop my client and the unpublished decisions that you made available what is a molly are extremely helpful. I should be able to win this motion for my client that I was appointed to represent through the SPD office. --Miguel Michel, Jefferson, WI This Month in SCOW
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There was no probable cause to administer an initial PBT to Strasen, who was stopped for speeding, even though he emitted what is a molly a faint smell of intoxicants, had bloodshot what is a molly and “glossy” eyes, and said he had been drinking but had his consumed his last drink over 12 hours earlier. ( 2, 4). Nonetheless, distinguishing State v. Betow , 226 Wis. 2d 90, 593 N.W.2d 499 (Ct. App. 1999) (officer improperly extended a stop when he decided to perform a dog-sniff search for drugs based solely on a picture of a mushroom on the defendant s wallet, with no other indicia of intoxication or drug use ) ( 8), the court holds that the lack of probable cause for the first PBT (which read 0.212) didn’t preclude the officer from extending his investigation by asking Strasen to perform field sobriety tests and, when he failed the tests ( 3), by administering a second PBT :
9 [A]t this juncture what is a molly [when the trooper administered the first PBT], the trooper had enough to continue investigating whether what is a molly Strasen was driving while intoxicated. The fact that the trooper administered the first PBT in order to confirm his suspicions what is a molly is irrelevant. With or without that result, the trooper was justified in asking Strasen to perform the field [sobriety] tests. And the clues the trooper observed during those tests further confirmed his suspicions, what is a molly prompting the second PBT. The trooper s investigation was a seamless process of information gathering based on suspicious factors distinct from the reason for the stop. While the first PBT would not have been admissible in court, and was correctly suppressed by the trial court, what is a molly there is no law prohibiting an investigating officer from administrating a PBT simply to confirm that he or she is on the right track. [3]
Previous post: Wisconsin Supreme Court: When a defendant raises self-defense, evidence of a victim’s reputation for violence is admissible to show who was the first aggressor even if the defendant was unaware of that reputation
I love On Point and have been following it for years. In addition to the always illuminating new case analysis, and the archive organized by issue, I realized recently that On Point allows searches. This is an extraordinary feature, allowing those of us in the trenches to see specific what is a molly issues through the eyes of the brightest minds in our field, sharing from their encyclopedic fund of contextual legal knowledge and experience. --Andrew M. Morgan, Wausau, WI
This is an awesome site. I have a motion to suppress based on the lack of a reasonable suspicion what is a molly to stop my client and the unpublished decisions that you made available what is a molly are extremely helpful. I should be able to win this motion for my client that I was appointed to represent through the SPD office. --Miguel Michel, Jefferson, WI This Month in SCOW
11
27
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