court of appeals decision, for McPike: Nicholas E. Fairweather
Self-Incrimination – Coercion – Threat of Job Loss (Police Officer)
Statement by police officer’s superior that she was “administratively compelling” him to submit to PBT wasn’t an express threat of termination, therefore State v. Vanessa Brockdorf, 2006 WI 76, controls and his ensuing statements weren’t involuntary.
Why publish the decision, given that Brockdorf says it all? (“Here, the circumstances are substantially similar and, if anything, less coercive,” ¶17.) Perhaps because Brockdorf might not really say it all; the court is understandably perplexed about the administration of the test, ¶24: why is the person’s knowledge of the likelihood of termination off-limits? Grist for further review … but not in this instance: McPike didn’t file a petition for review.
