Understanding Search Incident to Arrest in OWI Cases in Wisconsin
When facing an OWI (Operating While Intoxicated) charge in Wisconsin, it's crucial to understand how the law applies to searches conducted by law enforcement during your arrest. In Wisconsin, searches incident to arrest are governed by a combination of statutory provisions and case law, which dictate when and how officers can search you or your vehicle following an OWI arrest.
What is a Search Incident to Arrest?
A search incident to arrest allows law enforcement officers to search the person being arrested and the area within their immediate control. This type of search is conducted to protect the officer's safety, prevent the arrestee from escaping, and discover any evidence related to the crime. However, the scope of these searches and their justification can vary depending on the circumstances and judicial interpretations.
Key Wisconsin Case Law on OWI-Related Searches
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State v. Coffee (2020 WI 53)
- In State v. Coffee, the Wisconsin Supreme Court clarified that a lawful arrest for OWI does not automatically justify a search of the vehicle's passenger compartment. However, the court ruled that the search in this specific case was lawful because the officers had reasonable suspicion that the compartment might contain evidence related to the OWI, based on the totality of the circumstances. This decision emphasizes the importance of the specific facts surrounding the arrest when determining the legality of a search.
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State v. Eichman (2023 WI App 6)
- In State v. Eichman, the Wisconsin Court of Appeals upheld a search incident to arrest where deputies had a valid, independent basis to arrest the defendant before conducting the search. The court highlighted that the key question is whether there were sufficient objective facts to justify the arrest before the search took place. This case reinforces the principle that the legality of a search incident to arrest depends on whether there was a justifiable reason for the arrest itself.
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State v. Fry (131 Wis. 2d 153)
- In State v. Fry, the Wisconsin Supreme Court confirmed that the test for a search incident to arrest under Wis. Stat. § 968.11 aligns with constitutional standards. The court held that the search of a locked glove compartment was permissible because it was within the arrestee's immediate control. This ruling demonstrates that even areas like locked compartments can be searched if they are deemed to be within the immediate control of the person arrested.
Implications for OWI Arrests
These cases illustrate the nuanced application of search incident to arrest in OWI cases. While the law generally permits searches in connection with an arrest, the specifics of each situation—such as the location of the search, the officer's suspicion, and the timing of the arrest—play a crucial role in determining whether the search was lawful.
Why Legal Expertise Matters
If you've been arrested for OWI and subjected to a search, it's essential to have an attorney who understands the complexities of search incident to arrest. An experienced attorney can assess whether the search was conducted lawfully and challenge any evidence obtained through an unlawful search. This could be critical in building a defense against your OWI charge.
Contact Melms Law for OWI Defense
At Melms Law, our team is experienced in handling OWI cases and challenging the legality of searches incident to arrest. We are committed to protecting your rights and ensuring that any evidence used against you was obtained legally. If you've been arrested for OWI, contact us today at 715-525-9839 or visit www.melmslaw.com to schedule a free consultation. Let us help you navigate the legal process and fight for the best possible outcome in your case.
This post is for informational purposes only and should not be considered legal advice. If you have been charged with a crime, seek the assistance of an attorney. Past results do not guarantee future outcomes.
By Attorney Frederick Melms
Dated: May 13, 2024.
At Melms Law, we are committed to protecting your rights and ensuring that justice is served and providing quality legal representation to Wisconsinites, even if they cannot afford a large retainer. Call us at 715-525-9839 and schedule a free consultation and find out how we can help you navigate the criminal justice system.