STATE V SEIBEL - WISCONSIN POLICE NOW NEED ONLY A REASONABLE SUSPICION TO SEARCH A SUSPECTS BLOOD INCIDENT TO AN ARREST

This Note examines State v. Seibel, in which the Wisconsin Supreme Cou rt held that law enforcement officers may search a suspect's blood, in cident to arrest, if they have a reasonable suspicion that the blood c ontains evidence of a crime. This Note discusses relevant United State s Supreme Court and Wisconsin Fourth Amendment precedent and argues th at this precedent held that officers must have probable cause before d irecting that a blood sample be taken. The Author stresses that warran ts should be sought before searching inside a suspect's body for evide nce and contends that expedited procedures for obtaining warrants shou ld make it virtually always possible to do so. Finally, the Author con cludes that by lowering the standard from probable cause to reasonable suspicion, the Wisconsin Supreme Court has circumscribed the constitu tional protections of Wisconsin citizens.