Traffic stops are the most common interaction people have with law enforcement — and they’re also one of the most common starting points for serious criminal charges. Knowing your rights before you’re in that situation is the best preparation.
You Must Stop and Identify Yourself
When police signal you to pull over, you are required to stop promptly and safely. A driver must produce a license on request under Wis. Stat. § 343.18, and registration and proof of insurance as well. Wisconsin is not, however, a “stop and identify” state in the sense that word is often used: in Henes v. Morrissey, 194 Wis. 2d 338 (1995), the Wisconsin Supreme Court held that refusing to give an officer your name is not obstruction and cannot itself be the basis of an arrest. Failing to produce the documents the statute requires is a violation; silence about anything beyond them is not.
You Have the Right to Remain Silent
Beyond your name and required documents, you are not required to answer questions. “Where are you coming from?” “Have you been drinking?” “Do you have anything in the car?” — you can decline to answer all of these. Simply say: “I’m invoking my right to remain silent.” Politely, calmly, and clearly.
This is not obstruction. This is a constitutional right. Exercise it.
You Can Refuse a Vehicle Search
If an officer asks to search your car, you can say no. Consent is one of the most common ways police obtain the right to search a vehicle. If you say yes, you’ve waived your Fourth Amendment rights for that search. You can decline politely: “I do not consent to a search.”
Note: if the officer has probable cause or another legal basis, they may search anyway — but making them establish that basis matters for any later legal challenge.
You Have the Right to Ask If You’re Free to Go
Once the officer has addressed the reason for the stop, you can ask: “Am I free to go?” If you are not under arrest and are not being detained, the officer must let you leave. If they say you’re being detained, remain calm, do not physically resist, and invoke your right to an attorney.
If Charges Result from a Stop
How you handled the stop affects what options your attorney has. Evidence obtained through an unlawful stop or an unconsented search may be suppressible. Attorney Christopher Carson defends criminal cases in Waukesha and Milwaukee counties. Call (262) 860-8932.
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About the author. Christopher S. Carson, J.D., M.A., has practiced law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Criminal defense practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
Related reading: Arrested in Wisconsin? Your Rights During a Stop, a Search, and Questioning · Charged With Drug Possession in Wisconsin? What You’re Actually Facing · What Is a Deferred Prosecution Agreement in Wisconsin — and Could It Keep a Conviction Off Your Record?
This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.