West & Dunn’s criminal defense attorneys bring a vast amount of experience to the table, having represented hundreds of individuals charged in criminal cases in both state and federal courts. Our attorneys are also experienced with criminal traffic matters and drunk driving defense. In addition, our litigators serve as members of the Critical Response Team for the US Concealed Carry Association.
In a unanimous decision, the Wisconsin Supreme Court ruled that a motorists 4th Amendment rights were not violated when law enforcement officers asked whether he possessed a concealed carry permit and whether there were firearms in the vehicle.
The Wisconsin Supreme Court recently had the opportunity to address the issue of whether a police officer can ask a motorist, during a routine traffic stop, if the motorist possessed a valid concealed carry (CCW) permit and whether there were any firearms in the vehicle.
We live in a digital age. As technology advances, the law has struggled to keep up, which has created tension between law enforcement’s needs to investigate crimes and individuals’ constitutionally protected rights to privacy. One area where such tension continuously arises is with respect to law enforcement efforts to access information contained on cell phones.
Free speech is a right guaranteed to all citizens based on the 1st Amendment to the Constitution. Over the years, tension has developed between individuals seeking to exercise their free speech rights and governments attempting to enforce laws and maintain peace. Oftentimes, people exercising their free speech rights find themselves arrested and subject to criminal charges. In such cases, the First Amendment may provide a defense to such charges. The United States Supreme Court is currently wrestling with these issues in Bartlett v. Nieves.
Most people have heard of someone “pleading the 5th” in connection with a criminal investigation. This right arises under the 5th Amendment, which prohibits someone for being prosecuted twice for the same alleged criminal activity. However, many people are not as familiar with the Separate Sovereigns Doctrine, which permits the same alleged criminal activity to be prosecuted by both a state court and a federal court.
Wisconsin Supreme Court resolves alleged statutory conflict to determine that it is illegal to carry an uncased, loaded handgun in your glove box without a concealed carry license.
Under what circumstances law enforcement officers may ask a motorist if he possesses a concealed carry permit or weapon during a routine traffic stop?