Category: Pre-trial motions

Can you refuse a police request to search your vehicle?

The Fourth Amendment to the United States Constitution allows you to refuse police searches of your vehicle. The Fourth Amendment to the United States Constitution provides individuals many protections against various forms of intrusive police conduct.  The language of the Fourth Amendment is: The right of the people to be secure in their persons, houses,…


OWI stops and inclement weather

Why does the weather matter for an OWI stop? After police stop you for suspected drunk driving, frequently they require you to complete a battery of field sobriety tests.  The purpose of those tests is to determine whether or not you appear to be under the influence of alcohol or drugs.  That conclusion, along with…


Can police chase you into your home?

Potential charges for running from police Firstly, if you run from police in your vehicle: Section 340.06 of the Wisconsin Statutes prohibits fleeing/eluding an officer.  Wisconsin Criminal Jury Instruction 2630 prohibits “operating a vehicle to flee or in an attempt to elude an officer.”  Both pieces of literature describe the same crime. If you face…


What is a Shiffra Green motion?

State v. Johnson, filed May 16, 2023, overruled State v. Shiffra.  The discussion below is outdated and is NOT good law.     Shiffra Green motions allow your defense attorney important access to psychological records of the victim Credibility is one of the crucial issues criminal defense attorneys deal with while fighting criminal cases.  A Shiffra…


What is the Sixth Amendment?

What is the Sixth Amendment and how does it apply to my case?  A criminal defense attorney explains: The Sixth Amendment to the United States Constitution sets forth various procedural rights related to criminal prosecutions.  The amendment was ratified in 1791 as part of the United States Bill of Rights.  The Supreme Court of the...CONTINUE READING

4th Amendment Update with Kansas v. Glover?

Registered owner of the vehicle is revoked.  Can police pull me over? There is a case pending in the United States Supreme Court that will have a huge impact on drivers throughout the country.  Kansas v. Glover will address whether police can pull over a car solely because the registered owner of the car has...CONTINUE READING

Can I be searched on probation? Act 79 searches explained

Court of appeals Anderson challenged the search at the trial court level and lost the argument. The Court of Appeals affirmed the trial court decision.  That court found that “Seeger had sufficient basis to believe that Anderson was subject to Act 79.”  Further supporting that decision, the court found “Seeger was familiar with Anderson, having…


Marijuana Smell in my Car

Did you know that if a police officer detects the smell of marijuana in your car during a traffic stop, he can search your car?  So long as marijuana remains illegal in Wisconsin, police can search your car based on the smell alone.  This post looks at car searches based on the smell of marijuana….


What happens if I’m caught lying to the police?

And what happens if I lie to the police? As we previously discussed, you’ve committed a crime.  It’s called obstructing an officer, and it’s punishable by up to 9 months in jail, a $10,000.00 fine, or both.  Section 946.41 of the Wisconsin Statutes prohibits obstructing an officer.  Section 946.41 reads: … whoever knowingly resists or…


What is a drug recognition expert (DRE)?

And how do they impact my OWI case? Operating while intoxicated is a crime in Wisconsin.  If you're accused of OWI, the government alleged you were operating a vehicle while intoxicated.  While most OWI cases involve drunk driving, this blog post focuses on drug recognition experts and drugged driving cases.  How does an officer qualify...CONTINUE READING
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