Statutes > Wisconsin Statutes > Chapter 968. Commencement of criminal proceedings. > 968.11 Scope of search incident to lawful arrest.

968.11 Scope of search incident to lawful arrest.

968.11

968.11 Scope of search incident to lawful arrest. When a lawful arrest is made, a law enforcement officer may reasonably search the person arrested and an area within such person's immediate presence for the purpose of:

968.11(1)

(1) Protecting the officer from attack;

968.11(2)

(2) Preventing the person from escaping;

968.11(3)

(3) Discovering and seizing the fruits of the crime; or

968.11(4)

(4) Discovering and seizing any instruments, articles or things which may have been used in the commission of, or which may constitute evidence of, the offense.

968.11 - ANNOT.

An automobile search consistent with Belton does not violate this section. This section does not require proof of an officer's subjective intent when conducting a search incident to an arrest. State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565 (1986).

968.11 - ANNOT.

NOTE: See also the notes to Article I, section 11, of the Wisconsin Constitution.