If you or someone you know has ever been stopped and searched by police in Wisconsin, a very common question that arises is, "When are police allowed to search my person or vehicle?"
To help answer this question and to gain a better understanding of this issue it is helpful to understand the meaning of "probable cause" under Wisconsin law.
“Probable Cause” Defined
Reasonable suspicion in Wisconsin, or “probable cause” as it is commonly known, is an intentionally vague term. The meaning of probable cause under Wisconsin law is not defined with great detail, leaving the question of whether or not a search was legal up to the discretion of law enforcement in most circumstances. Because of this, any criminal charges resulting from a search based on probable cause in Wisconsin should be evaluated on a base-by-case basis.
Generally speaking, probable cause refers to instances in which a police officer has sufficient reason based on facts to believe that a crime has occurred or that a crime is in progress. Probable cause is necessary for a police officer to make an arrest without first obtaining a warrant. In the case of suspected drunk driving, an officer would need probable cause to pull a motorist over, perform a sobriety test, and then make an OWI arrest based on the outcome of the sobriety test.
Examples of Proper Probable Cause
Here are some common situations in which there is proper probable cause for a drunk driving stop and subsequent sobriety testing:
· A Traffic Violation - If you were speeding, ran a
red light, or violated another traffic law and
a police officer sees it, that is probable cause for a traffic stop. This could lead to a sobriety
check.
· Dangerous or Poor Driving - Speeding, swerving, and other reckless or risky behaviors
behind the wheel could prompt a police officer to pull you over. Again, a sobriety test may
follow.
· Signs of Intoxication Observed - During a traffic stop, a police officer may observe possible
signs of intoxication (slurred speech or the smell of alcohol). This is considered probable
cause to proceed with a field sobriety test or breathalyzer.
· A Vehicle Accident - If there an accident, the police officer who arrives on the scene may
perform sobriety tests to determine if drunk driving contributed to the collision occurring.
Given that drunk driving is a factor in many crashes, this would be an adequate reason.
Example of Improper Probable Cause
There are many instances of drunk driving arrests being made without probable cause. Some examples are:
· The Officer Never Saw the Vehicle in Motion - A
person in a stationary vehicle would not have
committed a moving violation that would
prompt an officer to be suspicious.
· An Arrest Made When Person Is Not in Vehicle - If you’re walking out of a bar on your way to your vehicle, that alone is not probable cause for police to make an arrest.
· You are Pulled Over without Reason - If you are lost or driving late at night and are simply
pulled over for that, it is not probable cause for a sobriety check.
· Racial Profiling - If a driver was pulled over simply because of the color of their skin or their
race, this is not probable cause for the traffic stop or subsequent arrest.
As you can see probable cause leaves a great deal of question and discretion by officers. As a result, it's important to be informed of your rights during traffic stops and other police investigations to avoid potential pitfalls.
Probable cause issues are complex and need to be handled by an experienced attorney. If you or someone you know has been arrested in Wisconsin please contact us today. We have the experience and knowledge that you need! Contact us today to set up a free consultation. Please contact us by text or phone at (414) 774-6000 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
