[U] State V. Popke

¶1 Michael L. Popke appeals a judgment against him for operating a motor vehicle while under the influence of an intoxicant as a third offense contrary to WIS. STAT.§§ 346.63(1)(a) and 346.65(2)(g)3. Popke pled no contest to the charge following the trial court's denial of his motion to suppress evidence. Popke argues that the arresting officer had neither probable cause to pull him over for violating WIS. STAT.§ 346.05 nor reasonable suspicion under the totality of the circumstances to initiate a stop for some other traffic or criminal violation.*fn2 Because we conclude that neither probable cause existed to justify the stop for a violation of § 346.05 nor reasonable suspicion existed to believe that Popke committed any other traffic or criminal violation, we reverse the order to suppress evidence and the judgment of conviction.