23.53 Annotation
After issuing citation to Indian fisherman, state must prove at pre-trial hearing that enforcement against Indian fishermen is reasonable and necessary. State v. Peterson, 98 W (2d) 487, 297 NW (2d) 52 (Ct. App. 1980).
23.54
23.54
Citation form. 23.54(1)(1) The citation shall contain a complaint, a case history and a report of court action on the case.
23.54(2)
(2) It must appear on the face of the citation that there is probable cause to believe that a violation has been committed and that the defendant has committed that violation.
23.54(3)
(3) The citation form shall provide for the following:
23.54(3)(a)
(a) The name, address, social security number and date of birth of the defendant.
23.54(3)(b)
(b) The department permit or license number of the defendant, if applicable.
23.54(3)(c)
(c) The name and department of the issuing officer.
23.54(3)(d)
(d) The violation alleged, the time and place of occurrence, a statement that the defendant committed the violation, the statute, administrative rule or ordinance violated and a designation of the violation in language which can be readily understood by a person making a reasonable effort to do so.
23.54(3)(e)
(e) The maximum forfeiture, penalty assessment, jail assessment, applicable weapons assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment, applicable fishing shelter removal assessment, applicable snowmobile registration restitution payment and applicable natural resources restitution payment for which the defendant might be found liable.
23.54(3)(f)
(f) A date, time and place for the court appearance, and a notice to appear.
23.54(3)(g)
(g) Provisions for deposit and stipulation in lieu of a court appearance.
23.54(3)(h)
(h) Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.
23.54(3)(i)
(i) Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in
ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.
23.54(3)(j)
(j) Notice that if the defendant makes a deposit and signs the stipulation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in
ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and stipulation, and that the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effects of the stipulation.
23.54(3)(k)
(k) Notice that if the defendant does not make a deposit and fails to appear in court at the time fixed in the citation, the court may issue a summons or an arrest warrant.
23.55
23.55
Complaint and summons forms. 23.55(1)
(1)
Complaint. It must appear on the face of the complaint that there is probable cause to believe that a violation has been committed and that the defendant has committed it. The complaint shall accompany the summons and shall contain the information set forth in
s. 23.54 (3) (a) to
(d) and:
23.55(1)(a)
(a) The title of the cause, specifying the name of the court and county in which the action is brought and the names and addresses of the parties to the action.
23.55(1)(b)
(b) A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the statute upon which the cause of action is based and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, a penalty assessment, a jail assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment, any applicable natural resources restitution payment and any other relief that is sought by the plaintiff.
23.55(1)(c)
(c) In an action by or against a corporation the complaint must aver its corporate existence and whether it is a domestic or foreign corporation.
23.55(2)
(2) Summons. The summons shall contain:
23.55(2)(a)
(a) The title of the cause, specifying the name of the court and county in which the action is brought and the names of all parties to the action.
23.55(2)(b)
(b) A direction summoning and requiring the defendant to appear in a specified court on a particular date not less than 10 days following service of the summons to answer the accompanying complaint.
23.55(2)(c)
(c) A notice that in case of failure to appear, judgment may be rendered against the defendant according to the demand of the complaint, or the court may issue a warrant for the defendant's arrest.
23.56
23.56
Arrest with a warrant. 23.56(1)
(1) A person may be arrested for a violation of those statutes enumerated in
s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under
s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with
s. 23.33 (11) (am) or
30.77, after a warrant that substantially complies with
s. 968.04 has been issued. Except as provided in
sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.
23.56(2)
(2) In actions to collect forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments, the judge who issues a warrant under
sub. (1) may endorse upon the warrant the amount of the deposit. If no endorsement is made, the deposit schedule under
s. 23.66 shall apply, unless the court directs that the person be brought before the court.
23.57
23.57
Arrest without a warrant. 23.57(1)
(1) A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person is committing or has committed a violation of those statutes enumerated in
s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under
s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with
s. 23.33 (11) (am) or
30.77; and:
23.57(1)(a)
(a) The person refuses to accept a citation or to make a deposit under
s. 23.66; or
23.57(1)(b)
(b) The person refuses to identify himself or herself satisfactorily or the officer has reasonable grounds to believe that the person is supplying false identification; or
23.57(1)(c)
(c) Arrest is necessary to prevent imminent bodily harm to the enforcing officer or to another.
23.57(2)
(2) In all cases the officer shall bring the person arrested before a judge without unnecessary delay.
23.58
23.58
Temporary questioning without arrest. After having identified himself or herself as an enforcing officer, an enforcing 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, is about to commit or has committed a violation of those statutes enumerated in
s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under
s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with
s. 23.33 (11) (am) or
30.77. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.
23.59
23.59
Search during temporary questioning. When an enforcing officer has stopped a person for temporary questioning pursuant to
s. 23.58 and reasonably suspects that he or she or another is in danger of physical injury, the officer may search such person for weapons or any instrument or article or substance readily capable of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the officer finds such a weapon or instrument, or any other property possession of which he or she reasonably believes may constitute the commission of a violation of those statutes enumerated in
s. 23.50 (1) or which may constitute a threat to his or her safety, the officer may take it and keep it until the completion of the questioning, at which time he or she shall either return it, if lawfully possessed, or arrest the person so questioned for possession of the weapon, instrument, article or substance, if he or she has the authority to do so, or detain the person until a proper arrest can be made by appropriate authorities. Searches during temporary questioning as provided under this section shall only be conducted by those enforcing officers who have the authority to make arrests for crimes.
23.59 History
History: 1975 c. 365.
23.60
23.60
Search incident to the issuance of a lawfully issued citation. If the enforcing officer has stopped a person to issue a citation pursuant to
s. 23.62 and reasonably suspects that he or she or another is in danger of physical injury, the officer may search such person for weapons or any instrument or article or substance readily capable of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the officer finds such a weapon or instrument, or any other property possession of which he or she reasonably believes may constitute the commission of a violation of those statutes enumerated in
s. 23.50 (1), or which may constitute a threat to his or her safety, the officer may take it and keep it until he or she has completed issuing the citation, at which time the officer shall either return it, if lawfully possessed, or arrest the person for possession of the weapon, instrument, article or substance, if he or she has the authority to do so, or detain the person until a proper arrest can be made by appropriate authorities.
23.60 History
History: 1975 c. 365.
23.61
23.61
Search and seizure; when authorized. A search of a person, object or place may be made and things may be seized when the search is made:
23.61(1)
(1) Incident to a lawful arrest;
23.61(3)
(3) Pursuant to a valid search warrant;
23.61(4)
(4) With the authority and within the scope of a right of lawful inspection;
23.61(5)
(5) Incident to the issuance of a lawfully issued citation under
s. 23.60;
23.61(6)
(6) During an authorized temporary questioning under
s. 23.59; or
23.61(7)
(7) As otherwise authorized by law.
23.61 History
History: 1975 c. 365.
23.61 Annotation
See note to art. I, sec. 11, citing State v. Erickson, 101 W (2d) 224, 303 NW (2d) 850 (Ct. App. 1981).
23.62
23.62
Issuance of a citation. 23.62(1)
(1) Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed a violation of those statutes enumerated in
s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under
s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with
s. 23.33 (11) (am) or
30.77, the officer may proceed in the following manner:
23.62(1)(a)
(a) Issue a citation to the defendant in the form specified in
s. 23.54, a copy of which shall be filed with the clerk of courts in the county where the violation was committed or with the office of the municipal judge in the case of an ordinance violation;
23.62(1)(c)
(c) Bring the information to the district attorney so that he or she may proceed pursuant to
s. 23.65.
23.62(2)
(2) A citation may be issued or served anywhere in the state by delivering a copy to the defendant personally or it shall be served by leaving a copy at the defendant's usual place of abode with a person of discretion residing therein or by mailing a copy to the defendant's last-known address. It shall be issued or served by a law enforcement officer.
23.63
23.63
Officer's action after issuance of citation. After the enforcing officer has issued a citation, the officer:
23.63(2)
(2) Shall release the defendant when he or she:
23.63(3)
(3) Shall proceed under
s. 23.57, if the defendant is not released.
23.63 History
History: 1975 c. 365.
23.64
23.64
Deposit after release. A person who is released under
s. 23.63 shall be permitted to make a deposit any time prior to the court appearance date. The deposit shall be made with the clerk of the court of the county in which the violation occurred or the office of the municipal court having jurisdiction.
23.64 History
History: 1975 c. 365.
23.65
23.65
Issuance of complaint and summons. 23.65(1)
(1) When it appears to the district attorney that a violation of
s. 134.60,
144.783 (2) [299.64 (2)], 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 or 287.81, this chapter or
ch. 26,
27,
28,
29,
30,
31 or
350, or any administrative rule promulgated pursuant thereto, has been committed the district attorney may proceed by complaint and summons.
23.65 Note
NOTE: Sub. (1) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The correct cross-reference is shown in brackets. Corrective legislation is pending.
23.65(2)
(2) The complaint shall be prepared in the form specified in
s. 23.55. After a complaint is prepared, it shall be filed with the judge and a summons shall be issued or the complaint shall be dismissed pursuant to
s. 968.03. Such filing commences the action.
23.65(3)
(3) If a district attorney refuses or is unavailable to issue a complaint, a circuit judge, after conducting a hearing, may permit the filing of a complaint if he or she finds there is probable cause to believe that the person charged has committed a violation of
s. 287.07,
287.08 or
287.81, this chapter or
ch. 26,
27,
28,
29,
30,
31 or
350.The district attorney shall be informed of the hearing and may attend.
23.66(1)(1) If under the procedure of
s. 23.62 a person is cited or arrested, the person may make a deposit as follows:
23.66(1)(a)
(a) By mailing the amount of money the enforcing officer directs and a copy of the citation to the office of the clerk of courts in the county where the offense allegedly occurred or to the office of the municipal court having jurisdiction, or by going to the office of the clerk of courts or municipal court, the office of the sheriff, or any city, village or town police headquarters; or
23.66(1)(b)
(b) If the enforcing officer permits, by placing the amount of money the enforcing officer directs in a serially numbered envelope addressed to the clerk of courts in the county where the offense allegedly occurred or to the office of the municipal court having jurisdiction, sealing the envelope, signing a statement on the back of the envelope stating the amount of money enclosed and returning the envelope to the enforcing officer. The officer shall deliver the envelope and a copy of the citation to the office of the clerk of courts in the county where the offense allegedly occurred or to the office of the municipal court having jurisdiction. The officer shall note on the face of the citation the serial number of the envelope used in making a deposit under this paragraph.
23.66(1m)
(1m) The enforcing officer or the person receiving the deposit may allow the alleged violator to submit a check, share draft or other draft for the amount of the deposit or make the deposit by use of a credit card.
23.66(2)
(2) The person receiving the deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time fixed in the citation he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in
ch. 814, not to exceed the amount of the deposit which the court may accept. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, share draft or other draft, the check, share draft or other draft or a microfilm copy of the check, share draft or other draft shall be considered a receipt. If the defendant makes the deposit by use of a credit card, the credit charge receipt shall be considered a receipt.
23.66(3)
(3) If the court does not accept the deposit as a forfeiture for the offense, a summons shall be issued. If the defendant fails to respond to the summons, an arrest warrant shall be issued.
23.66(4)
(4) The basic amount of the deposit shall be determined in accordance with a deposit schedule that the judicial conference shall establish. Annually, the judicial conference shall review and may revise the schedule. In addition to the basic amount determined according to the schedule, the deposit shall include court costs, including any applicable fees prescribed in
ch. 814, any applicable penalty assessment, any applicable jail assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment.
23.67
23.67
Deposit and stipulation of no contest. 23.67(1)
(1) If pursuant to the procedure of
s. 23.62 a person is cited or arrested, such person may make a deposit and stipulation of no contest, and submit them in the same manner as the deposit in
s. 23.66.
