OWI Suppression of Evidence Blood Test.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: State of Wisconsin v. Johnathan L. Johnson

Case No.: 2019AP1398-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: OWI Suppression of Evidence Blood Test

Johnathan Johnson appeals a judgment, entered upon his no-contest plea, convicting him of fifth offense operating a motor vehicle with a prohibited alcohol concentration (PAC). Johnson contends the circuit court erred, for two reasons, by denying his motion to suppress the results of an evidentiary chemical test of his blood. First, Johnson argues his constitutional right to be free from unreasonable seizures was violated when a McDonald's restaurant employee delayed the delivery of Johnson's food order until officers responded to the employee's 911 call reporting that Johnson appeared to be operating his vehicle while intoxicated. Johnson reasons that because the 911 dispatcher stated "okay" in response to being informed by the employee of her decision to delay the delivery of Johnson's food, the State sanctioned a violation of a "fast food contract." Second, Johnson argues that the judge who authorized a search warrant for the collection of his blood administered an oath to the officer seeking the warrant that was "fundamentally defective" because the oath did not include the words "so help me God."

Regarding Johnson's first argument, we conclude that Johnson has failed to show the existence ofmuch less the violation ofa "fast food contract" that required the McDonald's employees to avoid delaying the delivery of his food. Further, because Johnson was not delayed at the McDonald's premises at the request of the State and was at all times free to...