City of Waukesha v. Gorz

Gary A. Gorz appeals his conviction of operating a vehicle while intoxicated. Gorz criticizes the trial court's ruling that although the officer who stopped him was outside his jurisdiction, the officer made a valid citizen's arrest. He argues that the officer failed to make a valid citizen's arrest for two reasons: First, an officer cannot effect a citizen's arrest by using police indicia. Second, an officer cannot effect a citizen's arrest for a traffic offense such as operating while intoxicated. We disagree and affirm.

A town of Brookfield police officer was transporting two persons to a…