Motor Vehicles – OWI — constructive seizure

By: WISCONSIN LAW JOURNAL STAFF//December 14, 2011//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — constructive seizure

Daniel A. Ryan appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), first offense. Ryan contends that he was unlawfully seized on private property without reasonable suspicion or probable cause and, therefore, the circuit court erred in denying his motion to suppress evidence. Based on the totality of the circumstances, we conclude that Ryan was not unlawfully seized prior to his arrest. We uphold the circuit court’s denial of Ryan’s motion to suppress. We affirm the judgment. This opinion will not be published.

2011AP490 County of Calumet v. Ryan

Dist II, Calumet County, Poppy, J., Neubauer, P.J.

Attorneys: For Appellant: Carroll, John M., Appleton; For Respondent: Dietz, Jerily, Chilton

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