Question: What are my Fourth Amendment rights during an OWI stop and arrest in Wisconsin?

Answer: The Fourth Amendment applies fully to any police action. That is not different during an OWI stop and arrest. However, there are some exceptions to the Fourth Amendment that apply to vehicles, to exigent circumstances and to other issues where a police officer might develop probable cause to believe a crime has been committed. Those exceptions tend to apply and have to be carefully examined in OWI cases and in all traffic cases.

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