Wisconsin Statutes
Wis. Stat. § 968.11 (2026)
Scope of search incident to lawful arrest
✓ current as of July 2026
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968.11968.11 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(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 AnnotationThe holding of Gant, 556 U.S. 332 (2009), that Belton, 453 U.S. 454 (1981), does not authorize a vehicle search incident to a recent occupant’s arrest after the arrestee has been secured and cannot access the interior of the vehicle is adopted as the proper interpretation of the Wisconsin Constitution’s protection against unreasonable searches and seizures. State v. Dearborn, 2010 WI 84, 327 Wis. 2d 252, 786 N.W.2d 97, 07-1894.
968.11 NoteNOTE: See also the notes to article I, section 11, of the Wisconsin Constitution.
Notes of Decisions
Cited in 16
cases (3 in the last 5 years), 1976–2026 · leading case: State v. Fry, 388 N.W.2d 565 (Wis. 1986).
State v. Fry, 388 N.W.2d 565 (Wis. 1986). “The defendant claims that the search did not qualify as a search incident to an arrest under either sec. 968.11, Stats., art. I, sec. 11 of the Wisconsin Constitution, or the fourth amendment to the United States Constitution.”
State v. Tompkins, 423 N.W.2d 823 (Wis. 1988). “See sec. 968.11, Stats.; State v. Fry, 131 Wis.”
State v. Eason, 2001 WI 98 (Wis. 2001). “, Wis. Stat. § 968.11 (search incident to a lawful arrest); Wis.”
State v. Pallone, 2000 WI 77 (Wis. 2000). “" Wis. Stat. § 968.11 ; [11] Abel v. United States, 362 U.”
State v. Robinson, 2010 WI 80 (Wis. 2010). “See Wis. Stat. § 968.11 (2007-08); Chimel v. California, 395 U.”
State v. Dearborn, 2010 WI 84 (Wis. 2010). “Relying on Belton , we concluded that the search did not violate Wis. Stat. § 968.11 , the Wisconsin Constitution, or the United States Constitution because the officers "limited the search to the passenger compartment of [the defendant's] automobile, which Belton holds is…”
State v. Payano-Roman, 2006 WI 47 (Wis. 2006). “2d 225 ; see also Wis. Stat. § 968.11 (2003-04). [7] A lawful arrest gives rise to heightened concerns that may justify a warrantless search, including the need to discover and preserve evidence.”
State v. Murdock, 445 N.W.2d 319 (Wis. Ct. App. 1989). “Accordingly, to paraphrase Gertrude Stein's famous aphorism about roses, what is lawful under the Fourth Amendment to the United States Constitution, is lawful under Article I, section 11 of the Wisconsin Constitution, is lawful under sec. 968.11, Stats. See ibid. [3] A…”
State v. Weber, 471 N.W.2d 187 (Wis. 1991). “See also, sec. 968.11, Stats. 1989-90 (search must be within arrestee's immediate presence).”
State v. Milashoski, 464 N.W.2d 21 (Wis. Ct. App. 1990). “2d 580 (1985); (3) as "incident to a lawful arrest," see sec. 968.11, Stats.; Abel v. United States, 362 U.”
State v. King, 418 N.W.2d 11 (Wis. Ct. App. 1987). “And, once a defendant is arrested, sec. 968.11, Stats., allows a search for the officer’s protection.”
State v. Quaheem O. Moore, 2023 WI 50 (Wis. 2023). “, ¶38; see also Wis. Stat. § 968.11 . When conducting a search incident to arrest, the officer is not required to formally arrest before the search.”
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