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STATE v. McPIKE

No. 2008AP3037-CR.

776 N.W.2d 617 (2009)

2009 WI App 166

STATE of Wisconsin, Plaintiff-Appellant, v. Jeffrey C. McPIKE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed October 29, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Jeffrey M. Shock, assistant district attorney for Jefferson County, assisted by Daniel J. O'Brien, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Nicholas E. Fairweather and Jeffrey L. Vercauteren of Cullen Weston Pines & Bach LLP, Madison.

Before DYKMAN, P.J., VERGERONT and LUNDSTEN, JJ.

¶ 1 LUNDSTEN, J.

Police detective Jeffrey McPike is facing a trial on an OWI charge. He moved the circuit court to suppress test results and statements he made after a police supervisor ordered him to submit to a preliminary breath test (PBT). The circuit court granted McPike's suppression motion after applying State v. Brockdorf, 2006 WI 76, 291 Wis.2d 635, 717 N.W.2d 657. In Brockdorf, the supreme court adopted...

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