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STATE v. BOOTH

No. 79-1548.

98 Wis.2d 20 (1980)

295 N.W.2d 194

STATE of Wisconsin, Plaintiff-Appellant, v. Randy J. BOOTH, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 10, 1980.

Attorney(s) appearing for the Case

For the appellant there was a brief by Bronson C. La Follette, attorney general, and John W. Calhoun, assistant attorney general, and oral argument by Mr. Calhoun.

For the respondent there was a brief by Fay & Wuebben of Pewaukee, and oral argument by Daniel P. Fay.

Before Voss, P.J., Brown and Bode, JJ.

BODE, J.

The State appeals the order of the circuit court suppressing the results of a breathalyzer test administered to defendant Randy Booth. The suppression order was based upon the circuit court's finding that the ampoule used in the breathalyzer test constituted material evidence and that its destruction by the State denied defendant his constitutional right to due process of law.1 We agree and affirm the suppression order.

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