UPDATE (AP) -- The Wisconsin Supreme Court has ruled that police knocking on the window of a car does not by itself violate a person's constitutional right against unreasonable seizures.
A divided court on Friday reversed a lower court's ruling that overturned a drunken driving conviction of a man who was arrested after he rolled down his car window at the request of police.
Daniel Vogt had pulled his vehicle into a Cassville public boat landing at 1 a.m. on Christmas Day in 2011. The officer who saw the car testified that because of the time of year and time of night, he considered it suspicious and approached.
An appeals court had tossed the conviction, saying the police action was an illegal seizure.
The Supreme Court disagreed in its 4-2 opinion.
MADISON (WKOW) -- The Wisconsin Supreme Court is set to rule on whether police can legally knock on the window of a car and ask the occupant to lower the window.
The case to be decided Friday deals with instances in which police make such a request when there is no probable cause or reasonable suspicion that a law has been broken.
The case involves a man who pulled his vehicle into a Cassville public boat landing at 1 a.m. on Christmas Day in 2011. An officer who saw the car testified that because of the time of year and time of night, he considered it suspicious and approached.
The driver was subsequently convicted of drunken driving, but an appeals court overturned it saying the officer's action was an unreasonable seizure.
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