State v. Avey
Annotate this CaseAppellant was charged with driving under the influence and with failing to yield the right-of-way. Appellant filed a motion to suppress evidence obtained as a result an alleged seizure that he asserted was in violation of the Fourth Amendment. The county court overruled the motion, concluding that there was no seizure in this case. After a bench trial, Defendant was convicted as charged. On appeal, the district court affirmed Defendant’s convictions and sentences. The Supreme Court affirmed, holding that the district court did not err when it affirmed the county court’s order overruling Defendant’s motion to suppress, as, under the facts of this case, Appellant was not seized for Fourth Amendment purposes.
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