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VILLAGE OF MENOMONEE FALLS v. KUNZ

No. 84-2453.

126 Wis.2d 143 (1985)

376 N.W.2d 359

VILLAGE OF MENOMONEE FALLS, Plaintiff-Respondent and Cross-Appellant, v. Paul KUNZ, Defendant-Appellant and Cross-Respondent.

Court of Appeals of Wisconsin.

Filed June 25, 1985.

On motion for publication October 24, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant and cross-respondent, the cause was submitted on the briefs of Michael J. Gross, of Hippenmeyer, Reilly, Bode and Gross, S.C., of Waukesha.

For the plaintiff-respondent and cross-appellant, the cause was submitted on the briefs of Stephen W. Hayes, Timothy G. Dugan, and Michael J. Morse of von Briesen & Redmond, S.C. of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

The major issue on this appeal is whether the rule of Miranda v. Arizona, 384 U.S. 436, reh'g denied, 385 U.S. 890 (1966), applies to a routine traffic stop where the eventual prosecution is a civil forfeiture proceeding. We hold Miranda does not apply.

The appellant, Paul Kunz, was convicted of operating a motor vehicle while under the influence of an intoxicant pursuant to Village of Menomonee...

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