STATE v. THEETGE

No. 99-367.

759 A.2d 496 (2000)

STATE of Vermont v. Eugene M. THEETGE.

Supreme Court of Vermont.

Motion for Reargument Denied August 21, 2000.


Attorney(s) appearing for the Case

Robert L. Sand, Windsor County State's Attorney, White River Junction, for Plaintiff-Appellant.

Robert Appel, Defender General, and Anna Saxman, Appellate Attorney, Montpelier, for Defendant-Appellee.

PRESENT: AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.


AMESTOY, C.J.

In this driving while intoxicated (DWI) case, the State has filed an interlocutory appeal from a Windsor District Court decision granting defendant Eugene Theetge's motion to suppress evidence obtained from a seizure. The State argues that a seizure did not occur, or, in the alternative, if a seizure did occur, the officer's actions were lawful. We reverse.

On March 2, 1999, at 11:30 p.m., Vermont State Police Trooper Timothy Clouatre observed...

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