Legal Opinion

State v. Palmersheim

Court of Appeals of Wisconsin

Decided October 31, 2018No. Appeal No. 2018AP746-CRPublished

1Opinion of the Court

GUNDRUM, J.1

¶1 The State appeals from a circuit court order granting Steven D. Palmersheim's motion to suppress evidence. For the following reasons, we reverse.

Background

¶2 Palmersheim was arrested for operating a motor vehicle while intoxicated and subsequently charged with OWI, second offense. He filed a motion to suppress evidence, and the circuit court held an evidentiary hearing at which the arresting officer and Palmersheim were the only witnesses to testify. Their relevant testimony is as follows.

¶3 The officer testified that around 5:00 p.m. on September 25, 2017, dispatch informed…

2Cases cited16 opinions

  1. United States v. WatsonSupreme Court of the United States · 1975
  2. Ohio v. RobinetteSupreme Court of the United States · 1996
  3. United States v. SantanaSupreme Court of the United States · 1976
  4. State v. PettitCourt of Appeals of Wisconsin · 1992
  5. Collins v. VirginiaSupreme Court of the United States · 2018

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