WI: On remand in Mitchell v. Wisconsin blood draw reasonable

On remand from Mitchell v. Wisconsin, 139 S. Ct. 2525, 2539 (2019), defendant’s blood draw was reasonable. State v. Mitchell, 2022 Wisc. App. LEXIS 518 (June 15, 2022):

When the Mitchell Court remanded this case, it did so for a very narrow purpose—to give Mitchell an opportunity to show that: (1) his blood “would not have been drawn if police had not been seeking BAC information,” and (2) the police “could not have reasonably judged that a warrant application would interfere with other pressing needs or duties.” Mitchell, 139 S. Ct. at 2539. Because Mitchell has failed to make even the first showing, the officer’s decision to “order a warrantless blood test to measure [Mitchell’s] BAC [did not] offend[] the Fourth Amendment.” Id. Thus, the warrantless blood draw was lawful.