Category: Pre-trial motions

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,…

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…

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…

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  The discussion below is outdated and is NOT good law.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…

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…

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….

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…