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STATE v. SEIBEL

No. 90-0895-CR.

159 Wis.2d 313 (1990)

464 N.W.2d 86

STATE of Wisconsin, Plaintiff-Respondent, v. Michael L. SEIBEL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 27, 1990.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on a brief and orally argued by Michael Yovovich, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Thomas J. Balistreri, assistant attorney general, and orally argued by Thomas J. Balistreri.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Michael Seibel appeals an order denying his motion to suppress evidence of intoxication obtained from a blood test.1 Seibel argues that the state lacked probable cause to draw Seibel's blood following a fatal traffic accident, and, therefore, the drawing of his blood constituted an illegal search, the fruits of which must be suppressed. Because we conclude that the fourth amendment requires that the police have probable cause...

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