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STATE v. DEVRIES

No. 2010AP429-CR.

824 N.W.2d 913 (2012)

344 Wis.2d 726

2012 WI App 119

STATE of Wisconsin, Plaintiff-Respondent, v. Marilee F. DEVRIES, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed October 24, 2012.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Matthew S. Pinix of Law Office of Matthew S. Pinix, LLC, Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Jacob J. Wittwer , assistant attorney general, and J.B. Van Hollen , attorney general.

Before BROWN, C.J., NEUBAUER, P.J., and GUNDRUM, J.

GUNDRUM, J.

¶ 1 Marilee Devries appeals from her judgment of conviction for operating while intoxicated and orders denying her motions to suppress for lack of reasonable suspicion and probable cause. She argues that a preliminary breath test (PBT), requested by her probation agent but actually administered by a police officer, was an unlawful police search and, therefore, the test result and all fruits derived from it should have been suppressed. Devries concedes...

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