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Following sixth drunken-driving conviction, Genoa City man appeals to Supreme Court

GENOA CITY — The Wisconsin Supreme Court has agreed to take the case of a Genoa City man, who argued the arrest warrant following his sixth drunken driving conviction was illegal.

The Wisconsin Law Journal's brief on the case:

This case involves a defendant, Michael R. Hess, who was convicted of sixth-offense drunk driving. Prior to sentencing Hess, the circuit court ordered a pre-sentence investigation but the official assigned to conduct the investigation had trouble getting Hess to show up for appointments.

The court issued a civil arrest warrant to bring Hess into custody so that the report could be completed. Officers executing the warrant found Hess drunk — a violation of his bail. He was then charged with felony bail jumping. He filed a motion to suppress the evidence, arguing that the arrest warrant had been illegal.

The circuit court denied the motion, and Hess was tried and convicted of felony bail jumping. He appealed, and the Court of Appeals reversed the conviction after concluding that the arrest warrant had been invalid.

Now the case has come to the Supreme Court, where the parties all agree that the warrant was, in fact, not valid. The issue in question is whether the evidence of Hess’ alcohol consumption must be suppressed, or whether — because the error was committed by the judge, not by the police — the good-faith exception to the exclusionary rule should apply. From Walworth County.

Source: Wisconsin Law Journal