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STATE v. JENKINS

No. 76-558-CR.

80 Wis.2d 426 (1977)

259 N.W.2d 109

STATE, Plaintiff in error, v. JENKINS, Defendant in error.

Supreme Court of Wisconsin.

Decided November 1, 1977.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and David J. Becker, assistant attorney general.

For the defendant in error the cause was submitted on the brief of James B. Connell and Crooks, Crooks & Low, S.C. of Wausau.

DAY, J.

This is an appeal from an order suppressing evidence of blood alcohol test results prior to a trial for negligent homicide by intoxicated use of a motor vehicle. The trial court suppressed the test results as a violation of the search and seizure provisions of the fourth amendment because the defendant was not under arrest at the time the blood was drawn. We reverse the trial court order because the state was not involved in taking the tests and thus there...

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