State v. WhiteAnnotate this Case
Defendant was charged with operating while intoxicated, third offense. Defendant filed a motion to suppress evidence obtained after a police officer pulled his patrol car into Defendant’s driveway with its emergency lights flashing, approached Defendant on foot, and directed him to step down from his front porch onto the driveway. Defendant argued that the officer’s conduct amounted to an unlawful seizure. The district court denied the motion to suppress, concluding that no seizure occurred. The court of appeals affirmed. The Supreme Court reversed, holding that Defendant was seized within the meaning of the Fourth Amendment when the officer directed Defendant to step off the front porch and onto the driveway. Remanded.