County of Grant v. Daniel A. Vogt

¶ 1. This is a review of an unpublished decision of the court of appeals,1 reversing a decision of the Grant County Circuit Court, which found the defendant guilty of operating a vehicle while intoxicated.

¶ 2. The case affords this court an opportunity to develop the law on "seizure" under the Fourth Amendment. The issue presented is whether, under the totality of the circumstances, a law enforcement officer "seized" the defendant, Daniel Vogt (Vogt), when he knocked on the driver's window of Vogt's vehicle and asked Vogt to roll down the window. When Vogt complied, the officer immediately…