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Legal Opinion

State v. Zielke

Wisconsin Supreme Court

Decided April 3, 1987No. 85-2003-CRPublishedCited by 89 opinions

1Opinion of the CourtWilliam A. Bablitch, J.

Does sec. 343.305, Stats., (the implied consent law) provide the exclusive means by which police may obtain chemical test evidence of driver intoxication thereby requiring suppression upon noncompliance with the law?

The defendant, Joel G. Zielke (Zielke), was charged with four counts of homicide by intoxicated use of a motor vehicle. Blood was taken from him by medical personnel at the direction of the police. The procedures set forth in the implied consent law were concededly not followed.

The trial court found two separate bases to justify the taking of the blood: first, probable cause and…

2Cases cited20 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. South Dakota v. NevilleSupreme Court of the United States · 1983
  3. DeMars v. LaPourWisconsin Supreme Court · 1985
  4. Scales v. StateWisconsin Supreme Court · 1974
  5. In Interest of PAKWisconsin Supreme Court · 1984

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3Cited by89 opinions

  1. Beeman v. StateCourt of Criminal Appeals of Texas · 2002
  2. People v. Borchard-RuhlandMichigan Supreme Court · 1999
  3. State v. EasonWisconsin Supreme Court · 2001
  4. State v. WooleryIdaho Supreme Court · 1989
  5. State v. PadleyCourt of Appeals of Wisconsin · 2014

84 more not listed; retrieve them via the Exa API.

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