CHAPTER 968
COMMENCEMENT OF CRIMINAL PROCEEDINGS
968.02 Issuance and filing of complaints.
968.03 Dismissal or withdrawal of complaints.
968.04 Warrant or summons on complaint.
968.05 Corporations or limited liability companies: summons in criminal cases.
968.06 Indictment by grand jury.
968.07 Arrest by a law enforcement officer.
968.075 Domestic abuse incidents; arrest and prosecution.
968.08 Release by law enforcement officer of arrested person.
968.085 Citation; nature; issuance; release of accused.
968.09 Warrant on failure to appear.
968.10 Searches and seizures; when authorized.
968.11 Scope of search incident to lawful arrest.
968.13 Search warrant; property subject to seizure.
968.135 Subpoena for documents.
968.15 Search warrants; when executable.
968.16 Detention and search of persons on premises.
968.17 Return of search warrant.
968.18 Receipt for seized property.
968.19 Custody of property seized.
968.20 Return of property seized.
968.21 Search warrant; secrecy.
968.22 Effect of technical irregularities.
968.24 Temporary questioning without arrest.
968.25 Search during temporary questioning.
968.256 Search of physically disabled person.
968.26 John Doe proceeding.
968.28 Application for court order to intercept communications.
968.29 Authorization for disclosure and use of intercepted wire, electronic or oral communications.
968.30 Procedure for interception of wire, electronic or oral communications.
968.31 Interception and disclosure of wire, electronic or oral communications prohibited.
968.32 Forfeiture of contraband devices.
968.33 Reports concerning intercepted wire or oral communications.
968.34 Use of pen register or trap and trace device restricted.
968.35 Application for an order for a pen register or a trap and trace device.
968.36 Issuance of an order for a pen register or a trap and trace device.
968.37 Assistance in the installation and use of a pen register or trap and trace device.
968.38 Testing for HIV infection and certain diseases.
Ch. 968 Cross-reference
Cross-reference: See definitions in s.
967.02.
968.01(2)
(2) The complaint is a written statement of the essential facts constituting the offense charged. A person may make a complaint on information and belief. Except as provided in
sub. (3), the complaint shall be made upon oath before a district attorney or judge as provided in this chapter.
968.01(3)
(3) A person may comply with
sub. (2) if he or she makes the oath by telephone contact with the district attorney or judge, signs the statement and immediately thereafter transmits a copy of the signed statement to the district attorney or judge using a facsimile machine. The person shall also transmit the original signed statement, without using a facsimile machine, to the district attorney or judge. If the complaint is filed, both the original and the copy shall be filed under
s. 968.02 (2).
968.01 History
History: 1989 a. 336;
1995 a. 351.
968.01 Annotation
While a complaint in a criminal prosecution issued subsequent to arrest does not have for its purpose authorization for the seizure of the person of the defendant, it is a jurisdictional requirement for holding him for a preliminary examination or other proceedings; accordingly, the face of the complaint and any affidavits annexed thereto must recite probable cause for defendant's detention. State ex rel. Cullen v. Ceci, 45 W (2d) 432, 173 NW (2d) 175.
968.01 Annotation
To be constitutionally sufficient to support issuance of a warrant of arrest and show probable cause, a complaint must contain the essential facts constituting the offense charged; hence a complaint in the instant case upon which the warrant for arrest of defendant's roommate was issued was fatally defective in merely repeating the language of the statute allegedly violated. (Language in State ex rel. Cullen v. Ceci, 45 W (2d) 432, that evidence at the hearing may be used, withdrawn.) State v. Williams, 47 W (2d) 242, 177 NW (2d) 611.
968.01 Annotation
As to a charge of resisting arrest, a complaint stated in statutory language is sufficient and no further facts are necessary. State v. Smith, 50 W (2d) 460, 184 NW (2d) 889.
968.01 Annotation
A complaint is sufficient as to reliability of hearsay information where the officer making it states that it is based on a written statement of the minor victim of the offense charged. State v. Knudson, 51 W (2d) 270, 187 NW (2d) 321.
968.01 Annotation
A complaint in a prosecution for disorderly conduct, which alleged that the defendant at a stated time and place violated 947.01 (1), by interfering with a police officer, the complainant, while he was taking another person into custody, and stated that the charge was based on the complainant's personal observations, met the test of legal sufficiency and did not lack specificity so as to invalidate his conviction. State v. Becker, 51 W (2d) 659, 188 NW (2d) 449.
968.01 Annotation
Defendant waives objection to the sufficiency of the complaint by not objecting before or at the time he pleaded to the information. Day v. State, 52 W (2d) 122, 187 NW (2d) 790.
968.01 Annotation
A complaint alleging that an unidentified man stole property and gave it to defendant who passed it on is insufficient in not alleging that defendant saw the theft or knew that the property was stolen. State v. Haugen, 52 W (2d) 791, 191 NW (2d) 12.
