Wisconsin Law Enforcement Officers Criminal Law Handbook

Wisconsin Law Enforcement Officers Criminal Law
Handbook


Central idea of an arrest is

Taking or detaining of a person by word or action into custody so as to subject his liberty to the actual
control and will of the person making the arrest.




Arrest also implies not only custody, but also the aim of

Bringing the person arrested into the judicial process to answer for an offense




In order for an arrest to occur, the subject must be

Physically restrained or alternatively must comply with the officer's directive




When can an arrest be made (4)

1. With a warrant commanding arrest of the person

2. With belief on reasonable grounds that a warrant for the person's arrest has been issued in this state

3. With belief on reasonable grounds that a felony warrant has been issued for the person's arrest in
another state. (a WI LEO shall NOT arrest on a misdemeanor warrant issued from another state)

4. With belief on reasonable grounds that the person is committing or has committed a crime




To obtain a warrant, the officer must present a complaint for warrant providing sufficient information
for 2 things:

Officer finds probable cause to believe:

- a crime has been committed