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STATE v. HARTWIG

No. 2006AP2804-CR.

735 N.W.2d 597 (2007)

2007 WI App 160

STATE of Wisconsin, Plaintiff-Appellant, v. John J. HARTWIG, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed May 1, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Jeffrey J. Kassel, Assistant Attorney General, and J.B. Van Hollen, Attorney General.

On behalf of the defendant-respondent, the cause was submitted on the brief of Wright C. Laufenberg of Laufenberg Law Offices of Merrill.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 HOOVER, P.J.

The State of Wisconsin appeals an order granting John Hartwig's motion to suppress evidence obtained by Department of Natural Resources wardens. The court concluded Hartwig's consent to search his truck was involuntary because he had been seized by the wardens. We conclude the court utilized an incorrect test in analyzing Hartwig's motion and, accordingly, we reverse the order and remand the case for further proceedings.

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