Legal Opinion

State v. Kain

Court of Appeals of Wisconsin

Decided October 17, 2018No. Appeal No. 2018AP951-CRPublished

1Opinion of the Court

REILLY, P.J.1

¶ 1 Jesse J. Kain appeals from a judgment convicting him of operating with a prohibited alcohol concentration (PAC), third offense, under WIS. STAT. § 346.63(1)(b). Kain argues that the officer did not have probable cause to arrest him. We affirm.

¶ 2 On August 21, 2017, Officer Zach Mulroy of the Neenah Police Department was on patrol when he ran the license plate of Kain's vehicle, which showed an active warrant for Kain. Mulroy also learned that Kain had a revoked license.2 Mulroy conducted a traffic stop and noted an "odor of alcohol" emitting from the vehicle. Mulroy asked…

2Cases cited3 opinions

  1. State v. LangeWisconsin Supreme Court · 2009
  2. State v. StoutCourt of Appeals of Wisconsin · 2002
  3. State v. GossWisconsin Supreme Court · 2011

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