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Village of Twin Lakes v. Hansen4/19/2000
erences to legal authority. See State v. Pettit, 171 Wis. 2d 627, 646, 492 N.W.2d 633 (Ct. App. 1992).
. The circuit court fulfilled its obligations at the suppression hearing. It took "evidence in support of suppression and against it, and [chose] between conflicting versions of the facts." Wille, 185 Wis. 2d at 682. It determined "the credibility of the officers and other witnesses." Id. Finally, the court found "historical facts" and determined that probable cause existed based on those facts. See id. The circuit court reached this conclusion by applying the factual and practical considerations of everyday life on which reasonable and prudent persons, not legal technicians, act. See Truax, 151 Wis. 2d at 360.
. Probable cause hinges on the question of whether the facts and circumstances would allow a reasonable officer to believe that guilt is more than a possibility. Probable cause cannot be determined by a checklist of requirements. Probable cause involves an officer's evaluation of the entire situation at hand and a determination based upon that evaluation of the probability that an offense was committed. See Babbitt, 188 Wis. 2d at 356-57. Looking at the totality of the circumstances, this court believes that a reasonable officer in Becker's position could have reasonably concluded that Hansen committed an OWI offense. Accordingly, Hansen's arrest was lawful, and therefore the conviction is affirmed.
By the Court. -- Judgment and order affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.
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