Do you know your rights during a traffic stop in Wisconsin? Here’s what you should know about whether the police can lawfully search your vehicle if they suspect you of having drugs in the vehicle.
When Can the Police Legally Search Your Vehicle?
The law permits police officers to search a person’s vehicle under various circumstances, including:
- The driver or vehicle owner consents to a search: Police may conduct a vehicle search, even on a mere suspicion of criminal activity, if the driver or owner consents to a search.
- The police have probable cause and exigent circumstances: Fourth Amendment case law authorizes police officers to conduct a warrantless vehicle search during a traffic stop if they meet two conditions. First, the police must have articulable facts supporting probable cause to believe that the vehicle contains evidence of a crime; for example, police may develop probable cause if a police canine detects narcotics inside a vehicle. Second, the search must occur under exigent circumstances that make it impractical to wait for a search warrant from a court without risking the loss or destruction of evidence.
- A search incident to arrest: In certain circumstances, police may search a driver’s vehicle incident to the driver’s arrest. The search must occur around the same time as the driver’s arrest, with police limited to searching an area within the driver’s immediate control or vicinity. Searches incident to arrest protect law enforcement officers from arrestees who may try to obtain weapons and preserve evidence that an arrestee may attempt to destroy.
- An inventory search: When police tow a vehicle after arresting the driver, when the driver has not left the vehicle in a legally parked position and cannot arrange for someone to pick up the vehicle, officers may conduct an inventory search before the tow truck arrives. An inventory search does not look for contraband or evidence of a crime; instead, the officers search to record items of value inside the vehicle, in case the driver later claims that someone stole or damaged/destroyed property inside their vehicle while in police custody.
What to Do If the Police Request to Search Your Vehicle
If the police ask to search your vehicle during a traffic stop, you can politely decline to consent to a search without legal ramifications. However, even if you refuse consent for a search, officers can search your vehicle over your objections if they obtain a search warrant or have other legal justification for a search.
What Happens If the Police Illegally Search Your Vehicle?
When police officers search a driver’s vehicle without a search warrant or legal justification, a court may grant the driver’s motion to exclude any evidence obtained during the search, including evidence obtained through a further investigation informed by evidence found during the vehicle search, as a sanction for the police’s violation of the driver’s rights.
Contact a Criminal Defense Attorney Today
If you’ve been arrested for a drug offense in Wisconsin, you need experienced legal advocacy to protect your rights and interests. Contact Jasti Zehawi & Johnson LLC today for a confidential consultation with our team to discuss your options after the police searched your vehicle for drugs during a traffic stop.