procedure question

[nailer]

If stopped for any reason by a local or state leo, can they take your wallet without your permission?

[Statkowski]

NO!

See Hiibel v. 6th Judicial District of Southern Nevada. Under proper circumstances, they can ask you to identify yourself and they can frisk you for weapons. Taking your wallet would be an illegal siezure (and probably search) of your personal property.

[Steve in PA]

If stopped for any reason by a local or state leo, can they take your wallet without your permission?

Define "stopped for any reason".

A mere encounter?

Investigatory stop?

[Adam-12]

Define "stopped for any reason". A mere encounter? Investigatory stop?

Obviously, he doesn't know the different kinds of stops and what's allowed. How about enlightening him?

[nailer]

Reasons for stop: speeding, DUI, running a light/stop sign

[JCWohlschlag]

Fourth Amendment Seizure Chart

In order to search you and seize your wallet, the officer would need probable cause, the same standard of evidence needed to arrest you. The only time an officer should have your wallet before you are actually arrested is if you consent to let him take it, which should almost never happen.

Reasons for stop: speeding, DUI, running a light/stop sign

These violations of the Vehicle Code are a special circumstance, as you are legally required to produce your license to operate a motor vehicle (either at the time of stop or up to 15 days later), proof of insurance, and vehicle registration. You are not legally required to hand over your whole wallet. If you refuse to produce the required documents, the officer should still not be taking your wallet from you and looking for them; the officer should simply be citing you for not producing them as required.

[nailer]

Thanks. That's what I thought, but I wasn't sure.

[thundrr1]

How DUI were you? That may have some influence here....... Totally trashed???? Need some more info.

George

[unclejumbo]

If you were arrested for DUI you would be frisked and personal effects would be removed. With the plethora of hidden weapons and keys available, it is necessary. You didn't say if your wallet was just taken or if it was searched after it was taken.

It wouldn't be the norm in a summary traffic stop.