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STATE v. TRUAX

No. 2008AP70-CR.

767 N.W.2d 369 (2009)

2009 WI App 60

STATE of Wisconsin, Plaintiff-Appellant, v. Lance F. TRUAX, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 8, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Katherine Lloyd Tripp and J.B. Van Hollen, Attorney General.

On behalf of the defendant-respondent, the cause was submitted on the brief of Kiley B. Zellner of Pruhs Law Office, S.C., Milwaukee.

Before BROWN, C.J., SNYDER and NEUBAUER, JJ.

¶ 1 NEUBAUER, J.

The sole issue in this case is whether the officer who arrested Lance F. Truax for operating while intoxicated1 was engaged in a bona fide community caretaker function at the time he approached Truax's vehicle. The State of Wisconsin appeals from a trial court order dismissing its complaint against Truax. The State argues that the trial court erred in granting Truax's motion to suppress evidence of intoxication obtained...

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