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County of Jefferson v. Renz12/22/1999
in note #4 below. State v. Paszek, 50 Wis. 2d 619, 627, 184 N.W.2d 836 (1997).
4. Warrantless Arrest. A law enforcement officer may arrest a person when "there are reasonable grounds to believe the person is committing or has committed a crime" or violated a traffic regulation. Wis. Stat. § 968.07 (1997-98) (crimes); § 345.22 (1997-98) (traffic violations).
Within 48 hours after being arrested, the person is brought before a magistrate to determine whether there is probable cause to believe an offense was committed by the suspect. See State v. Koch, 175 Wis. 2d 684, 698, 499 N.W.2d 152, cert. denied 510 U.S. 880 (1993).
In comparative terms, when a suspect is arrested without a warrant, the same quantum of proof is applicable as is applicable to a suspect arrested with a warrant; see note #3 above. Loveday v. State, 74 Wis. 2d 503, 523, 247 N.W.2d 116 (1976).
"The State's burden of persuasion at a suppression hearing [challenging a warrantless arrest] is significantly greater than its burden of persuasion at a refusal [license revocation] hearing" under note #6 below. State v. Wille, 185 Wis. 2d 673, 682, 517 N.W.2d 700 (Ct. App. 1994).
5. Search Warrant. Before issuing a search warrant a magistrate must be "apprised of sufficient facts to excite an honest belief in a reasonable mind that the objects sought are linked with the commission of a crime, and that the objects sought will be found in the place to be searched." State v. Higginbotham, 162 Wis. 2d 978, 989, 471 N.W.2d 24 (1991) (internal quotations omitted). A deferential standard of review is accorded to the warrant-issuing judge's finding of probable cause. Higginbotham, 162 Wis. 2d at 989. An affidavit should be interpreted in a commonsense manner, not in a hypertechnical manner. The defendant must establish that the facts are clearly insufficient to support a finding of probable cause. Higginbotham, 162 Wis. 2d at 990-92.
In comparative terms, the quantum of evidence to issue a search warrant is less than that required to support a bindover for trial at the preliminary examination. Higginbotham, 162 Wis. 2d at 989.
6. Driver's License Revocation. At a hearing held to revoke a driver's license under Wis. Stat. § 343.305(9)(1997-98), the State must show that the officer had probable cause to believe the driver was under the influence of an intoxicant. "The trial court . . . simply must ascertain the plausibility of a police officer's account". State v. Nordness, 128 Wis. 2d 15, 36, 381 N.W.2d 300 (1986). Nordness, 128 Wis. 2d at 35, distinguishes between probable cause and probable cause to a reasonable certainty.
7. Preliminary Breath Screening Test (PBT) Request: Driver of a Non-Commercial Motor Vehicle. Probable cause to believe under Wis. Stat. § 343.303 (1993-94)(requesting a PBT of a driver of a non-commercial motor vehicle) refers to "a quantum of proof greater than the reasonable suspicion necessary to justify an investigative stop [note #9 below] and greater than the `reason to believe' necessary to request a PBT from a driver of a commercial motor vehicle [note #8 below] but less than that required to establish probable cause for arrest [note #3 above]." Maj. op. at 26-27.
8. Preliminary Breath Screening Test (PBT) Request: Driver of a Commercial Motor Vehicle. Pursuant to Wis. Stat. § 343.303 (1993-94) an officer may request that a driver of a commercial motor vehicle take a PBT if the officer "detects any presence of intoxicants" or "has any reason to believe the person" has violated laws prohibiting driving while under the influence of intoxicants.
9. Reasonable Suspicion. In order to stop a person an officer mu
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