State v. Harlan

McGIVERIN, Justice.

The question here is whether a “seizure” implicating the fourth amendment occurred prior to the time a police officer observed indicia of defendant’s intoxication that led to his arrest for operating a motor vehicle while under the influence of an alcoholic beverage (OMVUI). Defendant Terry Lee Harlan contends he was the victim of an unconstitutional investigatory stop and therefore evidence of his intoxication, including a breath test, should have been suppressed. We affirm because we conclude that no “seizure” occurred before the officer observed defendant’s condition.…