STATE v. FAUST

No. 03-0952-CR.

267 Wis.2d 783 (2003)

2003 WI App 243

672 N.W.2d 97

STATE of Wisconsin, Plaintiff-Appellant, v. Jacob J. FAUST, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 1, 2003.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of Mary T. Wagner, assistant district attorney.

On behalf of the defendant-respondent, the cause was submitted on the brief of Stephen M. Seymour of Sheboygan.

Before Anderson, P.J., Brown and Nettesheim, JJ.


¶ 1. BROWN, J.

The question here is whether exigent circumstances still exist for a nonconsensual and warrantless blood draw even after the State has already obtained a voluntary chemical breath test producing a valid sample. In State v. Krajewski, 2002 WI 97, ¶ 1, 255 Wis.2d 98, 648 N.W.2d 385, cert. denied, 537 U.S. 1089 (2002), our supreme court undertook the

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