Understanding the Rodriguez Motion in Wisconsin Criminal Law

When you’re stopped by police during a traffic stop, it’s easy to feel like your rights disappear the moment those flashing lights appear behind you. But the law says otherwise. One of the most important U.S. Supreme Court decisions protecting drivers from unreasonable searches and prolonged detentions is Rodriguez v. United States (2015) — and it plays a major role in Wisconsin criminal defense cases today.

At Johansen Law Office, S.C., we often use what’s known as a “Rodriguez motion” to challenge unlawful evidence obtained after an illegal traffic stop. Here’s what that means, how it works, and why it could be critical to your defense.

1. What Is a Rodriguez Motion?

A Rodriguez motion is a legal request made by a defense attorney asking the court to suppress (throw out) evidence that was obtained during an unlawfully prolonged traffic stop.

This type of motion comes from the U.S. Supreme Court’s ruling in Rodriguez v. United States (2015), where the Court held that police cannot extend a traffic stop beyond the time needed to handle the reason for the stop — such as issuing a speeding ticket — unless they have reasonable suspicion of another crime.

In simple terms:

Once the officer’s job for the traffic violation is done, they can’t keep you there to “fish” for other crimes.

If they do, and evidence (like drugs, weapons, or other contraband) is found as a result, that evidence may be inadmissible in court.

2. Why It Matters in Wisconsin

Wisconsin courts follow the same Fourth Amendment protections against unreasonable searches and seizures. A Rodriguez motion can be one of the most powerful tools in a criminal defense attorney’s toolkit because it challenges how evidence was obtained — not just what was found.

For example:

• You’re pulled over for speeding.

• The officer gives you a warning but then delays you for several extra minutes while waiting for a K-9 unit to arrive.

• The dog eventually alerts to drugs in your car.

  
  

If there was no valid reason to extend that stop after the warning, the search could violate your rights — and the resulting evidence may be thrown out through a Rodriguez motion.

3. How a Rodriguez Motion Works

When filing a Rodriguez motion, your defense attorney will:

1. Examine police reports and video footage of the stop.

2. Analyze the timeline — how long the stop lasted, when the original reason ended, and what the officer did next.

3. Challenge the justification the officer used to prolong the stop (for example, waiting for a drug dog or asking unrelated questions).

4. Argue before the judge that the continued detention violated your Fourth Amendment rights.

   
   

If the court agrees, the evidence obtained after the unlawful delay can be suppressed — which often leads to charges being reduced or dismissed entirely.

4. Real-World Impact in Wisconsin Cases

Rodriguez motions are frequently used in drug cases, OWI stops, and weapons charges, especially when the officer’s suspicions went beyond the original reason for the stop.

Wisconsin appellate courts have repeatedly affirmed that:

• A “routine” traffic stop cannot be extended to question passengers, call for a drug dog, or search a vehicle without reasonable suspicion.

• The “mission” of a stop is limited to handling the traffic violation and ensuring roadway safety.

  
  

These protections apply to everyone — whether you’re stopped in Superior, Madison, or Milwaukee.

5. Why You Need an Experienced Criminal Defense Attorney

Rodriguez motions are legally complex and rely heavily on fine details — the length of a stop, the timing of the officer’s actions, and their stated reasons. Even a few minutes of unlawful delay can make the difference between admissible and inadmissible evidence.

At Johansen Law Office, S.C., we carefully review every second of a traffic stop to identify constitutional violations. If your rights were violated, we’ll fight to have that evidence thrown out — and to protect your freedom.

Our firm combines a deep understanding of Wisconsin criminal law with a strong commitment to defending your rights at every stage of the process.

Final Thoughts

If you’ve been charged with a crime after a traffic stop in Wisconsin, it’s important to remember: the stop itself may have been illegal. A Rodriguez motion could be the key to suppressing unlawfully obtained evidence and weakening the prosecution’s case against you.

Contact Johansen Law Office, S.C. today for a confidential consultation. We’ll review your case, analyze the stop, and explain how the law — including the protections of Rodriguez v. United States — can work in your favor.

Disclaimer

This blog post is for informational purposes only and does not constitute legal advice. Every case is unique. Contact a qualified attorney to discuss your specific circumstances.