Legal Question in Criminal Law in Wisconsin

ID Card violation

Son was stopped for having a headlight out.

The police officer asked to see his drivers license. When he opened his wallet the officer asked to see another ID (which was the one he needs for work). Officer noticed that he had his friends drivers license in his wallet. Son is 20 friend is over 21.

Charged wth 125.085(3)(b)

Does the offer have the right to see what is in his wallet?


Asked on 5/25/07, 3:30 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Friend's ID Card Possessed by Person Under 21

Generally speaking, officers have a right to use as evidence anything which they discover that is within "plain view," while they are conducting their lawful duties, even without a search warrant. However, there may be other defenses available to your son. You need to discuss this matter with an experienced criminal lawyer.

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Answered on 5/30/07, 8:12 am


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