Legal Opinion

State v. Rubenzer

Court of Appeals of Wisconsin

Decided October 4, 2018No. Appeal No. 2017AP1627-CRPublished

1Per curiam

¶ 1 Sallie Rubenzer appeals a judgment convicting her of operating while intoxicated, as a fifth offense, contrary to WIS. STAT. § 346.63(1)(a) (2015-16).1 Rubenzer argues that the circuit court erred by denying her motion to suppress evidence obtained pursuant to a warrantless entry into her garage. We affirm the judgment on the basis that the challenged evidence was admissible under the community caretaker exception to the warrant requirement.

BACKGROUND

¶ 2 A citizen called 911 to report a suspected intoxicated driver. The citizen followed the vehicle to the apparent residence of the vehicle…

2Cases cited10 opinions

  1. State v. KramerWisconsin Supreme Court · 2009
  2. State v. PinkardWisconsin Supreme Court · 2010
  3. Ehlinger v. HauserWisconsin Supreme Court · 2010
  4. State v. Charles v. MatalonisWisconsin Supreme Court · 2016
  5. State v. LeuteneggerCourt of Appeals of Wisconsin · 2004

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