968.01 Complaint. (1) In this section: (a) “Electronic” has the meaning given in s. 137.11 (5). (b) “Electronic signature” has the meaning given in s. 801.18 (1) (f). (c) “Facsimile machine” has the meaning given in s. 134.72 (1) (a). (2) The complaint is a written statement of the essential facts constituting the offense charged. […]
968.02 Issuance and filing of complaints. (1) Except as otherwise provided in this section, a complaint charging a person with an offense shall be issued only by a district attorney of the county where the crime is alleged to have been committed. A complaint is issued when it is approved for filing by the district […]
968.03 Dismissal or withdrawal of complaints. (1) If the judge does not find probable cause to believe that an offense has been committed or that the accused has committed it, the judge shall endorse such finding on the complaint and file the complaint with the clerk. (2) An unserved warrant or summons shall, at the […]
968.04 Warrant or summons on complaint. (1) Warrants. If it appears from the complaint, or from an affidavit or affidavits filed with the complaint or after an examination under oath of the complainant or witnesses, when the judge determines that this is necessary, that there is probable cause to believe that an offense has been […]
968.05 Corporations or limited liability companies: summons in criminal cases. (1) When a corporation or limited liability company is charged with the commission of a criminal offense, the judge or district attorney shall issue a summons setting forth the nature of the offense and commanding the corporation or limited liability company to appear before a […]
968.06 Indictment by grand jury. Upon indictment by a grand jury a complaint shall be issued, as provided by s. 968.02, upon the person named in the indictment and the person shall be entitled to a preliminary hearing under s. 970.03, and all proceedings thereafter shall be the same as if the person had been […]
968.07 Arrest by a law enforcement officer. (1) A law enforcement officer may arrest a person when: (a) The law enforcement officer has a warrant commanding that such person be arrested; or (b) The law enforcement officer believes, on reasonable grounds, that a warrant for the person’s arrest has been issued in this state; or […]
968.073 Recording custodial interrogations. (1) In this section: (a) “Custodial interrogation” means an interrogation by a law enforcement officer or an agent of a law enforcement agency of a person suspected of committing a crime from the time the suspect is or should be informed of his or her rights to counsel and to remain […]
968.075 Domestic abuse incidents; arrest and prosecution. (1) Definitions. In this section: (a) “Domestic abuse” means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a […]
968.08 Release by law enforcement officer of arrested person. A law enforcement officer having custody of a person arrested without a warrant may release the person arrested without requiring the person to appear before a judge if the law enforcement officer is satisfied that there are insufficient grounds for the issuance of a criminal complaint […]
968.085 Citation; nature; issuance; release of accused. (1) Nature. A citation under this section is a directive, issued by a law enforcement officer, that a person appear in court and answer criminal charges. A citation is not a criminal complaint and may not be used as a substitute for a criminal complaint. (2) Authority to […]
968.09 Warrant on failure to appear. (1) When a defendant or a witness fails to appear before the court as required, or violates a term of the defendant’s or witness’s bond or the defendant’s or witness’s probation, if any, the court may issue a bench warrant for the defendant’s or witness’s arrest which shall direct […]
968.10 Searches and seizures; when authorized. A search of a person, object or place may be made and things may be seized when the search is made: (1) Incident to a lawful arrest; (2) With consent; (3) Pursuant to a valid search warrant; (4) With the authority and within the scope of a right of […]
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: (1) Protecting the officer from attack; (2) Preventing the person from escaping; (3) Discovering and seizing the fruits of […]
968.12 Search warrant. (1) Description and issuance. A search warrant is an order signed by a judge directing a law enforcement officer to conduct a search of a designated person, a designated object or a designated place for the purpose of seizing designated property or kinds of property. A judge shall issue a search warrant […]
968.13 Search warrant; property subject to seizure. (1) A search warrant may authorize the seizure of the following: (a) Contraband, which includes without limitation because of enumeration lottery tickets, gambling machines or other gambling devices, lewd, obscene or indecent written matter, pictures, sound recordings or motion picture films, forged money or written instruments and the […]
968.135 Subpoena for documents. Upon the request of the attorney general or a district attorney and upon a showing of probable cause under s. 968.12, a court shall issue a subpoena requiring the production of documents, as specified in s. 968.13 (2). The documents shall be returnable to the court which issued the subpoena. Motions […]
968.14 Use of force. All necessary force may be used to execute a search warrant or to effect any entry into any building or property or part thereof to execute a search warrant. Officers acted legally when, armed with a search warrant, they knocked on a door, pushed it open when the defendant opened it […]
968.15 Search warrants; when executable. (1) A search warrant must be executed and returned not more than 5 days after the date of issuance. (2) Any search warrant not executed within the time provided in sub. (1) shall be void and shall be returned to the judge issuing it. Execution of search warrant is timely […]
968.16 Detention and search of persons on premises. The person executing the search warrant may reasonably detain and search any person on the premises at the time to protect himself or herself from attack or to prevent the disposal or concealment of any item particularly described in the search warrant. History: 1993 a. 486. The […]
