[DOWNLOAD] "State v. Flunker" by Supreme Court of Wyoming ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Flunker
- Author : Supreme Court of Wyoming
- Release Date : January 31, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1. These appeals arise out of a combined refusal and suppression hearing in an Operating a Motor Vehicle While Intoxicated (OMVWI) prosecution. The trial court concluded that the police officer who stopped and then arrested Michael Flunker did not have a reasonable suspicion that Flunker was engaging in illegal activity. Accordingly, it granted Flunkers motion to suppress evidence of his intoxicated driving. The court also concluded that because the officer lacked reasonable suspicion, Flunker was not lawfully placed under arrest. See Wis. Stat. § 343.305(9)(a)5 (1997-1998). The court therefore dismissed Flunkers "refusal issue." We conclude that under the circumstances, a police officer would have had a reasonable suspicion that Flunker was engaging in unlawful activity. We therefore reverse the part of the trial courts order dismissing the "refusal issue" and remand for further proceedings, with instructions to address the § 343.305(9)(a)5 issues in light of this opinion. We also reverse the part of the trial courts order suppressing evidence, and remand for further proceedings consistent with this opinion.
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