By: WISCONSIN LAW JOURNAL STAFF//October 2, 2014//
Wisconsin Court of Appeals
Criminal
Search and Seizure — seizure
The State of Wisconsin appeals a circuit court order granting Micah Snyder’s motion to suppress evidence of intoxication on the grounds that it was derived from an unlawful seizure. The State argues that the circuit court erred in concluding that a Wisconsin State Patrol trooper seized Snyder when the trooper stopped his squad car facing Snyder’s stopped vehicle and then approached Snyder’s vehicle on foot to speak with him. Applying controlling Wisconsin Supreme Court precedent, I agree with the State that the trooper’s actions did not constitute a seizure and, therefore, I reverse the order of the circuit court granting Snyder’s motion to suppress. This opinion will not be published.
Dist IV, Columbia County, George, J., Blanchard, P.J.
Attorneys: For Appellant: Weber, Gregory M., Madison; Cross, Troy Dean, Portage; Smathers, Alexandra K., Portage; For Respondent: Wood, Tracey A., Madison