Pomerenke v. Motor Vehicles Division

The only issue in this case is whether the initial “stop” of petitioner was lawful.1 The MVD hearings officer concluded:

“The two * * * officers that were following the vehicles with their overhead fights and sirens operating could also reasonably believe that the two vehicles were, and had been traveling together, based on their observations and radio information. * * * Both vehicles were failing to yield for the overhead fights of emergency vehicles.”

He held that the stop of both vehicles was lawful because they had failed to yield to an emergency vehicle.

The majority concludes:

“The police…