[Download] "City of Appleton v. Schleinz" by State of Wisconsin in Court of Appeals District III * eBook PDF Kindle ePub Free
eBook details
- Title: City of Appleton v. Schleinz
- Author : State of Wisconsin in Court of Appeals District III
- Release Date : January 31, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
1. Alan Schleinz appeals a judgment of conviction for operating a motor vehicle while intoxicated, first offense. Schleinz maintains the police officer lacked probable cause to administer a preliminary breath test (PBT) because the officer had not yet administered field sobriety tests. Schleinz argues the probable cause necessary to administer a PBT is the same as the probable cause necessary to make an arrest, and such probable cause was lacking. Thus, he argues that the results of the field sobriety tests must be suppressed as fruits of an unlawful arrest. We conclude under controlling precedent that the probable cause necessary to administer a PBT is less than that necessary to make an arrest and that sufficient probable cause existed to administer the test. Therefore, administering the PBT did not amount to an unlawful arrest and the circuit court properly admitted the results of the field sobriety tests. We affirm the judgment.