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.
968.41 Oath or affirmation of grand jurors.
968.42 Presiding juror and clerk.
968.43 Reporter; salary; assistant.
968.45 Witness rights; transcripts.
968.47 District attorney, when to attend.
968.48 Attendance; absence; excuse; number required for grand jury session; number required to concur in indictment.
968.49 Fine for nonattendance.
968.50 Report progress and return indictments.
968.505 Procedure upon discharge of grand jury.
968.51 Indictment not to be disclosed.
968.52 Votes not to be disclosed.
968.53 When testimony may be disclosed.
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.
968.01 Annotation
A complaint is not defective because based on statements to an officer which cannot be admitted at the trial because the Miranda warning was not given. Such an objection is waived if not raised prior to trial. Gelhaar v. State, 58 W (2d) 547, 207 NW (2d) 88.
968.01 Annotation
To charge a defendant with the possession or sale of obscene materials the complaint must allege that the defendant knew the nature of the materials; a charge that he acted "feloniously" is insufficient to charge scienter. State v. Schneider, 60 W (2d) 563, 211 NW (2d) 630.
968.01 Annotation
The complaint here being based on the police officer's sworn statement of what the alleged victim described as having actually happened meets the test of reliability of the informer and constituted probable cause for the magistrate to proceed with the issuance of a warrant calling for the arrest of the defendant. Allison v. State, 62 W (2d) 14, 214 NW (2d) 437.
968.01 Annotation
An absolute privilege attached to the alleged defamatory statements made by the defendant about the plaintiff to an assistant district attorney in seeking issuance of a criminal complaint. Bergman v. Hupy, 64 W (2d) 747, 221 NW (2d) 898.
968.01 Annotation
A criminal complaint sufficiently alleges probable cause that the defendant has committed the alleged offense when it recites that a participant in the crime has admitted his own participation and implicates the defendant, since an inference may be reasonably drawn that the participant is telling the truth. Ruff v. State, 65 W (2d) 713, 223 NW (2d) 446.
968.01 Annotation
A complaint, alleging defendant burglarized a trailer at a construction site and based in part upon the hearsay statements of the construction foreman that tools found in defendant's automobile had been locked in the trailer, was sufficient to satisfy the two-pronged test of Aguilar. Anderson v. State, 66 W (2d) 233, 223 NW (2d) 879.
968.01 Annotation
See note to 943.20, citing Jackson v. State, 92 W (2d) 1, 284 NW (2d) 685 (Ct. App. 1979).
968.01 Annotation
In determining sufficiency of complaint, credibility of informants or witnesses is adequately tested by 2-pronged Aguilar standard. State v. Marshall, 92 W (2d) 101, 284 NW (2d) 592 (1979).
968.01 Annotation
See note to 345.11, citing State v. White, 97 W (2d) 193, 295 NW (2d) 346 (1980).
968.01 Annotation
Application of Franks rule to criminal complaint discussed. State v. Mann, 123 W (2d) 375, 367 NW (2d) 209 (1985).
968.01 Annotation
Forms similar to the uniform traffic citation which are used as complaints to initiate criminal prosecutions in certain misdemeanor cases issued by the sheriff are sufficient to confer subject matter jurisdiction on the court but any conviction which results from their use in the manner described in the opinion is null and void. 968.02, 968.04, 971.01, 971.04, 971.05 and 971.08 discussed. 63 Atty. Gen. 540.
968.02
968.02
Issuance and filing of complaints. 968.02(1)
(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 attorney. The approval shall be in the form of a written indorsement on the complaint.
968.02(2)
(2) After a complaint has been issued, it shall be filed with a judge and either a warrant or summons shall be issued or the complaint shall be dismissed, pursuant to
s. 968.03. Such filing commences the action.
968.02(3)
(3) If a district attorney refuses or is unavailable to issue a complaint, a circuit judge may permit the filing of a complaint, if the judge finds there is probable cause to believe that the person to be charged has committed an offense after conducting a hearing. If the district attorney has refused to issue a complaint, he or she shall be informed of the hearing and may attend. The hearing shall be ex parte without the right of cross-examination.
968.02(4)
(4) If the alleged violator under
s. 948.55 (2) or
948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, the district attorney may consider, among other factors, the impact of the injury or death on the alleged violator when deciding whether to issue a complaint regarding the alleged violation. This subsection does not restrict the factors that a district attorney may consider in deciding whether to issue a complaint regarding any alleged violation.