Legal Question in Traffic Law in Wisconsin
Correct procedure when being pulled over for a traffic violation
What are the correct procedures that should be followed when being pulled over for a traffic violation, (seven miles over the speed limit). All four parties licenses were confiscated and two parties, removed from the vehicle and detained for an hour and a half. A breathilizer was given 5 times to the driver who showed no indication of intoxication and was cooperative and stated that he had not drank. All times registered 00 and pockets were searched and all parties were frisked (hands on car, feet spread). Flashlights were shown immediately searching the inside of car.
1 Answer from Attorneys
Re: Correct procedure when being pulled over for a traffic violation
Sounds like they were looking for lots more than
speeders. Did they find anything? The remedy for
improper stops, searches and or detention
is potentially suppression of the evidence
recovered as a result of the constitutionally
defive behavior by the officers.
With that exception, there are no state statutes
regulating the conduct of officers during
a traffic stop. Each law enforcement
agency may have its own internal standards.
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