Overvig v. Commissioner of Public Safety

OPINION

COLLINS, Judge. *

Appellant challenges the district court’s rescission of the revocation of respondent’s driving privileges upon finding that respondent was unlawfully seized, arguing that under the totality of the circumstances the officer did not unlawfully seize respondent by opening respondent’s car door. Because the officer did not seize respondent by opening the car door, we reverse.

FACTS

After midnight on June 10, 2005, a patrolling police officer came upon respondent Brian Jean Overvig’s car stopped with its engine running in an otherwise empty ballroom parking lot. The officer…