Legal Opinion
State v. Hartwig
Court of Appeals of Wisconsin
Decided May 1, 2007No. 2006AP2804-CRPublishedCited by 2 opinions
1Opinion of the Court
HOOVER, EJ.
¶ 1. The State of Wisconsin appeals an order granting John Hartwig's motion to suppress evidence obtained by Department of Natural Resources wardens. The court concluded Hartwig's consent to search his truck was involuntary because he had been seized by the wardens. We conclude the court utilized an incorrect test in analyzing Hartwig's motion and, accordingly, we reverse the order and remand the case for further proceedings.
Background
¶ 2. Wardens Frederick Peters and Ronald Nerva responded to a report of illegal ATV operation on DNR land. There were two trucks in the parking area…
2Cases cited8 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- United States v. MendenhallSupreme Court of the United States · 1980
- United States v. WatsonSupreme Court of the United States · 1975
- State v. PhillipsWisconsin Supreme Court · 1998
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3Cited by2 opinions
- State v. FloydCourt of Appeals of Wisconsin · 2016
- State v. JacobsCourt of Appeals of Wisconsin · 2012