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CITY OF BROOKFIELD v. COLLAR

No. 88-1101.

148 Wis.2d 839 (1989)

436 N.W.2d 911

CITY OF BROOKFIELD, Plaintiff-Respondent, v. Cathryn M. COLLAR, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 25, 1989.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Robert L. Pavlic of Hippenmeyer, Reilly & Moodie, S.C. of Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of E. Joseph Kershek, assistant city attorney for the city of Brookfield, of Kershek and Kershek Law Offices, of Brookfield.

On behalf of the state of Wisconsin an amicus curiae brief was filed by Donald J. Hanaway, attorney general, and David J. Becker, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

Cathryn M. Collar was convicted of operating a motor vehicle while under the influence, in violation of a municipal ordinance of the city of Brookfield adopting sec. 346.63(1)(a), Stats. Collar raises only one issue on appeal: whether the Brookfield police officer exceeded her authority in placing Collar under arrest outside the corporate limits of Brookfield, contrary to sec. 62.09(13), Stats. Because we conclude that the arresting officer was engaged...

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