Legal Question in Criminal Law in Wisconsin

Hello, two fays ago I was pulled over for having excessive window tint on my vehicle. The officer walked up to my vehicle and demanded me to exit right away. I was searched and told to sit in between the police squad and my vehicle on the curb. He then refused to talk to me while the other officer was going through my car in search of illegal things. The officer that was searching did not find anything illegal, when the first officer requested a K9 officer our location. I do believe i know that is illegal to make me wait for a k9 to show up. My self and my girlfriend waited on the curb for at least 20 minutes in 40 degree weather to be again searched. In the aftermath of the second search the dog found a small bag of marijuana (less than 1.0 grams) the officer proceeded to arrest me with out telling me why or reading any miranda rights or explaining whats happenening. He slapped the handcuffs on me and took me to the station. The whole time he kept making snaggy remarks in a rude manner even though i was fully cooperative and respectful. Do i have any legal action in court to overthrow this charge? Thank you!

Asked on 11/05/16, 3:47 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Your lawyer could always bring a motion to suppress evidence due to lack of probably cause for the stop. While window tint stops are very common, they are also highly suspect for everyone in the world except court systems, since there is little or no guidance in the law other than the officer's personal judgment that he had trouble seeing through them, which claim usually holds up. I have had many clients complain that even unmodified factory tints subjected them to stops, but, regrettably, the law specifically allows even pretextual stops to serve as a legal basis for sustaining objections filed against contraband located afterwards. Nonetheless, it is still worth bringing the motions, especially if you are planning to have a trial, just to develop a transcript of the officer's testimony for purposes of cross examination later. Your having to wait a reasonable time (such as 20 minutes) for the K-9 unit, as well as snarky, gratuitous comments by the officer, probably will get you nowhere, especially when they turn out to ultimately be justified by a successful search.

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Answered on 11/07/16, 7:04 am

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