By: WISCONSIN LAW JOURNAL STAFF//December 23, 2014//
Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI – seizure
APPEAL from an order of the circuit court for Kenosha County: MARY KAY WAGNER, Judge. Reversed and cause remanded for further proceedings.
In this operating a motor vehicle while intoxicated (OWI) case, the State appeals the circuit court’s suppression of evidence gathered subsequent to a
police encounter with Joseph S. Cali. We conclude that Cali was not seized for the purposes of the Fourth Amendment when the police officer approached him
and talked to him. We reverse.
2014AP000493-CR State v. Joseph S. Cali
DISTRICT II, Kenosha County, MARY KAY WAGNER, NEUBAUER, P.J.
Attorneys: For Appellant: Weber, Gregory M., McNeill, Carli Ann For Respondent: Kmiec, Theodore B., III