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.
968.073 Recording custodial interrogations.
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.
968.205 Preservation of certain evidence.
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.
968.265 Lie detector tests; sexual assault victims.
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
To be constitutionally sufficient to support the issuance of an arrest warrant and to show probable cause, a complaint must contain the essential facts constituting the offense charged. A complaint was fatally defective in merely repeating the language of the statute allegedly violated. State v. Williams,
47 Wis. 2d 242,
177 N.W.2d 611 (1970).
968.01 Annotation
For a charge of resisting arrest, a complaint stated in statutory language was sufficient and no further facts were necessary. State v. Smith,
50 Wis. 2d 460,
184 N.W.2d 889 (1971).
968.01 Annotation
A complaint is sufficient as to reliability of hearsay information if 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 Wis. 2d 270,
187 N.W.2d 321 (1971).
968.01 Annotation
A disorderly conduct complaint, which alleged that the defendant at a stated time and place violated s. 947.01 (1) by interfering with the police officer-complainant while he was taking another person into custody and 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 a conviction. State v. Becker,
51 Wis. 2d 659,
188 N.W.2d 449 (1971).
968.01 Annotation
A defendant waives objections to the sufficiency of a complaint by not objecting before or at the time of pleading to the information. Day v. State,
52 Wis. 2d 122,
187 N.W.2d 790 (1971).
968.01 Annotation
A complaint is a self-contained charge, and it alone can be considered in determining probable cause. Facts that would lead a reasonable person to conclude that a crime was committed by the defendant must appear within the 4 corners of the document. State v. Haugen,
52 Wis. 2d 791,
191 N.W.2d 12 (1971).
