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[T] County of Dane v. O'Connell5/8/2003
intrusion, the officer's subjective motivation does not require suppression of the evidence or dismissal.").
. We note that, when reviewing a suppression ruling, we are not limited to the record before the circuit court at the time of the suppression ruling. Other information produced before or after the suppression hearing may be used to support the circuit court's decision. See State v. Gaines, 197 Wis. 2d 102, 106-07 n.1, 539 N.W.2d 723 (Ct. App. 1995). However, the transcript of the trial is not included in the appellate record, and the County does not direct our attention to any information outside the suppression hearing supporting its position. Our independent review does not disclose any information indicating that the officer knew the status of Reynolds Avenue at the time of O'Connell's arrest.
. For the above reasons, we decline to conclude that the trial court implicitly found that the officer was aware of the status of Reynolds Avenue at the time of her investigation. Thus, the officer had no reason to suspect that O'Connell had been driving on a "highway" just prior to his one-car accident. Accordingly, the trial court erroneously denied O'Connell's motion to suppress evidence and, therefore, we reverse the judgment, reverse the court's suppression order, and remand for further proceedings consistent with this opinion.
By the Court. -- Judgment reversed and cause remanded with directions.
This opinion will not be published. Wis. Stat. Rule 809.23(1)(b)4.
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