Wisconsin § 968.11 - Scope of search incident to lawful arrest.
Full text of Wisconsin Wisconsin Statutes § 968.11 — Scope of search incident to lawful arrest., with citation guidance and answers to common questions.
§ 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 Annotation The 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 Note NOTE: See also the notes to article I, section 11 , of the Wisconsin Constitution.
Source: official Wisconsin text · Last verified 2026-08-27
Frequently Asked Questions About Wisconsin § 968.11
What does Wisconsin Statutes § 968.11 cover?
Section 968.11 ("Scope of search incident to lawful arrest.") is part of the Wisconsin Statutes, the codified statutory law of Wisconsin. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Wisconsin § 968.11?
A common citation format is "Wisconsin Statutes § 968.11" (Wisconsin). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Wisconsin law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Wisconsin official source linked on this page or consult a licensed Wisconsin attorney.
How does Wisconsin § 968.11 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Wisconsin can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Wisconsin.