Opinion
No. 2013AP110–CR.
2013-08-14
STATE of Wisconsin, Plaintiff–Respondent, v. Scott E. BARTELT, Defendant–Appellant.
State v. Lange, 2009 WI 49, ¶ 19, 317 Wis.2d 383, 766 N.W.2d 551. The totality of the circumstances must be analyzed to determine whether probable cause existed for an arrest on a case-by-case basis. State v. Cheers, 102 Wis.2d 367, 388, 306 N.W.2d 676 (1981.) The existence of probable cause is a question of constitutional fact, subject to a mixed standard of review; we uphold the circuit court's findings of historical fact unless they are clearly erroneous, but whether those facts established probable cause is a legal question reviewed de novo. State v. Anagnos, 2012 WI 64, ¶ 21, 341 Wis.2d 576, 815 N.W.2d 675. Cheers, 102 Wis.2d at 391, 306 N.W.2d 676 (citations omitted.) Also, while field sobriety tests can provide relevant information for an officer assessing whether there is probable cause to suspect a driver was driving while intoxicated, they are by no means necessary, particularly when there is ample other evidence providing the officer with probable cause. See Wille, 185 Wis.2d at 684, 518 N.W.2d 325.