State of Wisconsin v. Jacob T. Anderson

Waukesha, Wisconsin, criminal defense lawyer represented the Defendant charged with homicide by use of a vehicle while having a detectable amount of a restricted controlled substance in his blood.

Jacob T. Anderson, was driving a work truck when he crossed over the
centerline of a two-lane highway and collided with a car driven by Erin M.
Schroeder. Schroeder was trapped in her car after the collision. She was not
breathing and had no pulse by the time she was extricated from the vehicle. First
responders tried to save Schroeder by administering life-saving measures, but she
was ultimately pronounced dead on the scene.

Anderson's motion to suppress blood evidence because the subpoena for this medical records and subsequent search warrant were unsupported by sufficient probable cause.

The standard for upholding an issuing judge’s finding of probable
cause under WIS. STAT. § 968.12 is the same as the standard under the Fourth
Amendment to the United States Constitution and Article I, §11 of the Wisconsin
Constitution: “the judge must have been apprised of sufficient facts to excite an
honest belief in a reasonable mind that the objects sought are linked with the
commission of a crime, and that the objects sought will be found in the place to be
searched. State v. Swift, 173 Wis. 2d 870, 883, 496 N.W.2d 713 (1993).” (citation
omitted). Our review is not de novo; instead, we accord “great deference” to the
issuing judge’s determination that probable cause exists.

The Defendant was found guilty and was sentenced to 24 years in prison.

Affirmed