Legal Opinion
State v. Gerald P. Mitchell
Wisconsin Supreme Court
Decided July 3, 2018No. 2015AP000304-CRPublishedCited by 14 opinions
1Opinion of the CourtPatience Drake Roggensack, C.J.
*154¶ 1 This appeal is before us on certification from the court of appeals.
¶ 2 Gerald Mitchell was convicted of operating while intoxicated and with a prohibited alcohol concentration, based on the test of blood drawn without a warrant while he was unconscious, pursuant to Wis. Stat. § 343.305(3)(b) (2013-14).1 Mitchell contends that the blood draw was a search conducted in violation of his Fourth Amendment rights.
¶ 3 We conclude that Mitchell voluntarily consented to a blood draw by his conduct of driving on Wisconsin's roads and drinking to a point evidencing probable cause of intoxication.…
2Cases cited40 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- United States v. RobinsonSupreme Court of the United States · 1973
- Florida v. JimenoSupreme Court of the United States · 1991
- Brigham City v. StuartSupreme Court of the United States · 2006
- Florida v. JardinesSupreme Court of the United States · 2013
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3Cited by14 opinions
- Mitchell v. WisconsinSupreme Court of the United States · 2019
- State v. Dawn M. PradoWisconsin Supreme Court · 2021
- State v. Shannon Rajda / State v. Albert Lee Lape, Jr.Supreme Court of Vermont · 2018
- Mitchell v. WisconsinSupreme Court of the United States · 2019
- Byron McGraw v. State of FloridaSupreme Court of Florida · 2020
9 more not listed; retrieve them via the Exa API.