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State v. Keith2/6/2003
. James W. Keith appeals a judgment of the circuit court finding him guilty of operating a motor vehicle while intoxicated, third offense, contrary to Wis. Stat. § 346.63(1)(a). Keith argues that the evidence obtained pursuant to an investigatory stop by a police officer should have been suppressed because the stop occurred outside the officer's jurisdiction and the officer had no authority to conduct the stop. Keith also argues that the results of his blood test should have been suppressed because Keith asked for, but did not receive, an alternative breath test and because the officer failed to properly inform Keith of his right to request an alternative test. We disagree and affirm.
Background
. On November 14, 2000, Officer Eric Krueger was driving a marked squad car outside his jurisdiction. Officer Krueger observed a vehicle, driven by defendant Keith, pull out in front of him. It is undisputed that Officer Krueger made observations about Keith's driving sufficient to supply reasonable suspicion justifying a temporary investigative stop for suspicion of drunk driving . Officer Krueger signaled Keith to pull over and Keith complied. All of these events occurred outside Officer Krueger's jurisdiction. Nothing in the record suggests that statutory or other authority authorized the officer's actions outside his jurisdiction.
. After stopping Keith, Officer Krueger was joined by a county sheriff's deputy, Officer Ziorgen, whose jurisdiction covered the location of Keith's stop. Both officers made observations supporting probable cause to arrest Keith for drunk driving and Officer Ziorgen arrested Keith.
. Officer Ziorgen transported Keith to a hospital so a blood sample could be drawn. En route to the hospital, Keith asked "if there were any tests that I could be taking." Officer Ziorgen replied that Keith was being taken for a blood test. At the hospital, Officer Ziorgen read an "Informing the Accused" form to Keith, who consented to a blood test. Officer Ziorgen testified that he read the entire form to Keith. In contrast, Keith testified that the officer read only part of the form. An analysis of Keith's blood sample revealed an alcohol concentration of .173%.
. Keith was charged with operating a motor vehicle while under the influence of an intoxicant and operating a motor vehicle while having a prohibited alcohol concentration, as a third offense. Keith filed several pretrial motions: (1) Keith moved to suppress evidence obtained after the investigative stop on the grounds that Officer Krueger acted without authority because he was outside his jurisdiction; (2) Keith moved to suppress the results of the blood test, arguing that he requested, but did not receive, an alternative chemical test; and (3) Keith moved to preclude automatic admissibility of the blood tests because the officer failed to properly inform Keith of his right to request an alternative test.
. The circuit court denied Keith's suppression motions. In particular, the court found that Keith did not request an alternative test and that Officer Ziorgen read the entire "Informing the Accused" form. Keith pled no contest to operating a motor vehicle while under the influence of an intoxicant, third offense.
Discussion
Investigative Stop Outside the Officer's Jurisdiction
. Keith argues that suppression of all evidence following his stop is required because Officer Krueger had no authority to conduct an investigatory stop outside the officer's jurisdiction based on mere reasonable suspicion. Keith's argument is based on two assumptions: first, absent specific authorization, police officers outside their jurisdiction have n
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