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Can you be charged With Charges that results in an unlawful traffic stop In Wisconsin?
A police officer In Wisconsin Pulled me over for failure to wear seatbelt. Once he approached my vehicle, I asked why I was stopped And he acknowledged that I did indeed have my seat belt on And said oh my bad But then proceeded to search me and my vehicle which resulted in felony charges My question is will this hold up in court
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Traffic ticket 1 attorney answer Jay K. Nixon Avvo Rating: 10 Criminal Defense Attorney in Janesville & Kenosha, WIYes; unless your lawyer files a timely challenge and wins an argument in court, all evidence offered by the government will be used against you and lead to your likely conviction, including in felony cases. Nobody other than your lawyer are you is protecting your constitutional rights, and nothing gets excluded automatically without great effort by your legal team, which efforts need to be started early in the case or forever lost. Theoretically, evidence produced by a stop without reasonable suspicion should be excluded, but the U.S. and WIl Supreme Courts have recently ruled that even unconstitutionally produced evidence can still be used unless the officers were deliberately violating your rights. In other words, reasonable "mistakes" are in excuse, which has lead to a huge increase in such mistakes, since they greatly benefit the government. That is fast causing this "exception," to swallow the rule, and essentially repealing that part of the constitution, regrettably. You therefore need to discuss with with your lawyer immediately and contact the Public Defender if you do not have one yet and can't afford one. We all wish you the best of luck--you'll need it.
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