Chapter 968, COMMENCEMENT OF CRIMINAL PROCEEDINGS

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 t…

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 …

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 unse…

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 …

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 an…

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 s…

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 pe…

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 informe…

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 …

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 the…

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 substi…

968.09 Warrant on failure to appear. (1) When a defendant or a witness fails to appear before the court as required, or 968.12 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 defen…

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 scop…

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 p…

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…

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 wr…

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 return…

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…

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. Execu…

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 describ…

968.17 Return of search warrant. (1) The return of the search warrant shall be made within 48 hours after execution to the clerk designated in the warrant. The return shall be accompanied by a written inventory of any property taken. Upon request, 968.20 the clerk shall deliver a…

968.18 Receipt for seized property. Any law enforcement officer seizing any items without a search warrant shall give a receipt as soon as practicable to the person from whose possession they are taken. Failure to give such receipt shall not render the evidence seized inadmissibl…

968.19 Custody of property seized. Property seized under a search warrant or validly seized without a warrant shall be safely kept by the officer, who may leave it in the custody of the sheriff and take a receipt therefor, so long as necessary for the purpose of being produced as…

968.20 Return of property frozen or seized. (1) Any person claiming the right to possession of property frozen or seized under s. 971.109 or seized pursuant to a search warrant or seized without a search warrant, except for an animal taken into custody under s. 173.13 (1) or with…

968.205 Preservation of certain evidence. (1) In this section: (a) “Custody” means actual custody of a person under a sentence of imprisonment, custody of a probationer, parolee, or person on extended supervision by the department of corrections, actual or constructive custody of…

968.21 Search warrant; secrecy. A search warrant shall be issued with all practicable secrecy, and the complaint, affidavit or testimony upon which it is based shall not be filed with the clerk or made public in any way until the search warrant is executed.

968.22 Effect of technical irregularities. No evidence seized under a search warrant shall be suppressed because of technical irregularities not affecting the substantial rights of the defendant. The incorrect identification of a building’s address in a warrant was a technical er…

968.23 Forms. The following forms for use under this chapter are illustrative and not mandatory: STATE OF WISCONSIN, .... County. AFFIDAVIT OR COMPLAINT. In the .... court of the .... of .... A. B., being duly sworn, says that on the .... day of ...., A. D., .... (year), in said …

968.24 Temporary questioning without arrest. After having identified himself or herself as a law enforcement officer, a law enforcement officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing,…

968.25 Search during temporary questioning. When a law enforcement officer has stopped a person for temporary questioning pursuant to s. 968.24 and reasonably suspects that he or she or another is in danger of physical injury, the law enforcement officer may search such person fo…

968.255 Strip searches. (1) In this section: (a) “Detainee” means any of the following: 1. A person arrested for any felony. 2. A person arrested for any misdemeanor under s. 167.30 (1), 940.60, 941.20 (1), 941.23, 941.231, 941.237, 948.60, or 948.61 or s. 940.19, 2023 stats. 3. …

968.256 Search of physically disabled person. (1) In this section, “physically disabled person” means a person who requires an assistive device for mobility, including, but not limited to, a wheelchair, brace, crutch or artificial limb. (2) A search of a physically disabled perso…

968.26 John Doe proceeding. (1b) In this section: (a) “Crime” means any of the following: 1. Any Class A, B, C, or D felony under chs. 940 to 948 or 961. 2. A violation of any of the following if it is a Class E, F, G, H, or I felony: a. Section 940.04, 940.11, 940.22 (2), 940.22…

968.265 Lie detector tests; sexual assault victims. (1) In this section, “lie detector” has the meaning given in s. 111.37 (1) (b). (2) If a person reports to a law enforcement officer that he or she was the victim of an offense under s. 940.22 (2), 940.225, 948.02 (1) or (2), or…

968.27 Definitions. In ss. 968.28 to 968.375: (1) “Aggrieved person” means a person who was a party to any intercepted wire, electronic or oral communication or a person against whom the interception was directed. (2) “Aural transfer” means a transfer containing the human voice a…

968.28 Application for court order to intercept communications. The attorney general together with the district attorney of any county may approve a request of an investigative or law enforcement officer to apply to the chief judge of the judicial administrative district for the …

968.29 Authorization for disclosure and use of intercepted wire, electronic or oral communications. (1) Any investigative or law enforcement officer who, by any means authorized by ss. 968.28 to 968.37 or 18 USC 2510 to 2520, has obtained knowledge of the contents of any wire, el…

968.30 Procedure for interception of wire, electronic or oral communications. (1) Each application for an order authorizing or approving the interception of a wire, electronic or oral communication shall be made in writing upon oath or affirmation to the court and shall state the…

968.31 Interception and disclosure of wire, electronic or oral communications prohibited.

968.32 Forfeiture of contraband devices. Any electronic, mechanical, or other intercepting device used in violation of s. 968.31 (1) may be seized as contraband by any peace officer and forfeited to this state in an action by the department of justice under ch. 778. History: 1979…

968.33 Reports concerning intercepted wire or oral communications. In January of each year, the department of justice shall report to the administrative office of the United States courts such information as is required to be filed by 18 USC 2519. A duplicate copy of the reports …

968.34 Use of pen register or trap and trace device restricted. (1) Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under s. 968.36 or 18 USC 3123 or 50 USC 1801 to 1811. (2) The proh…

968.35 Application for an order for a pen register or a trap and trace device. (1) The attorney general or a district attorney may make application for an order or an extension of an order under s. 968.36 authorizing or approving the installation and use of a pen register or a tr…

968.36 Issuance of an order for a pen register or a trap and trace device. (1) Upon an application made under s. 968.35, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court …

968.37 Assistance in the installation and use of a pen register or trap and trace device.

968.373 Warrant to track a communications device. (1) DEFINITION. In this section, “communications device” includes any wireless or mobile device that transmits wire or electronic communications. (2) PROHIBITION. Except as provided in sub. (8), no investigative or law enforcement…

968.375 Subpoenas and warrants for records or communications of customers of an electronic communication service or remote computing service provider.

968.38 Testing for HIV infection and certain diseases. (1) In this section: (ag) “Correctional staff member” has the meaning given in s. 940.225 (5) (ad). (ar) “Health care professional” means a physician or a registered nurse or licensed practical nurse who is licensed under ch.…

968.40 Grand jury. (1) SELECTION OF GRAND JURY LIST. Any judge may, in writing, order the clerk of circuit court to select a grand jury list within a specified reasonable time. The clerk shall select from the prospective juror list for the county the names of not fewer than 75 no…

968.41 Oath or affirmation of grand jurors. Grand jurors shall, before they begin performance of their duties, solemnly swear or affirm that they will diligently inquire as to all matters and things which come before the grand jury; that they will keep all matters which come befo…