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Wisconsin Court says driver free to drive away with police knocking on window and motioning him to r

  • attyrjr
  • Jul 28, 2014
  • 1 min read

This Wisconsin case will be of interest to criminal lawyers, but perhaps not very many others. The Court held that a driver who was parked in the empty parking lot of a closed park at 2 AM, had not been "seized" when a uniformed police officer, with his pistol visible, parked a police cruiser with headlights on, but not overhead lights, behind the motorist, approached the driver's window, knocked on the window, and motioned for the driver to roll the window down. The court held a reasonable person would have felt free to just drive away. Two dissenters said, "That's ridiculous."

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