State v. Reiss
Annotate this CasePolice officer Ricky Ritter observed a blue pickup truck traveling without its headlights on. Defendant was driving a red pickup truck behind the blue pickup truck, and a van was following Defendant. Ritter pulled his squad car behind the three vehicles and activated his emergency lights, intending to stop only the blue truck, but all three vehicles pulled over. Defendant left his truck cab and approached Ritter’s squad car, demanding that Ritter explain why he had been pulled over. Defendant eventually returned to his truck, but, believing Defendant was under the influence of alcohol, Ritter asked Defendant to take a field sobriety test. Defendant failed the test and was eventually convicted of DUI. Defendant appealed, arguing that the district court erred in refusing to suppress the evidence from the traffic stop because he was unlawfully seized, tainting the evidence and requiring its suppression. The Supreme Court reversed, holding that Defendant’s motion to suppress should have been granted because Defendant’s seizure was unlawful, and all evidence obtained after the unlawful seizure was therefore tainted.
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