State v. TominikoAnnotate this Case
Defendant Robert Tominiko was near an intersection with a gathering of people who were drinking beer and soda. A police officer arrived but did not see Tominiko drinking beer. The officer asked to see Tominiko's identification, but Tominiko walked to his car and got in. When the officer asked Tominiko to exit his vehicle, Tominiko drove away. The officer chased Tominiko and, while Tominiko was stopped by traffic, the officer approached Tominiko's vehicle and noticed beer bottles in his car. Tominiko was later convicted of operating a vehicle under the influence of an intoxicant (OVUII). Tominiko appealed, contending that the OVUII charge was insufficient and that the trial court erred in denying his motion to suppress. The intermediate court of appeals affirmed the district court's judgment. The Supreme Court vacated the judgment of the intermediate court of appeals and district court, holding (1) the charge was not insufficient because, when reading the charge as a whole, it could be reasonably construed to charge a crime; and (2) Tominiko was subjected to an illegal seizure, and the evidence obtained as a result must be suppressed.