175.40(2)
(2) For purposes of civil and criminal liability, any peace officer may, when in fresh pursuit, follow anywhere in the state and arrest any person for the violation of any law or ordinance the officer is authorized to enforce.
175.40(3)
(3) For purposes of civil and criminal liability, any peace officer outside his or her territorial jurisdiction acting under
sub. (2) is considered to be acting in an official capacity while in fresh pursuit under
sub. (2), making an arrest under
sub. (2) or transporting a person arrested under
sub. (2).
175.40(4)
(4) A peace officer whose boundary is a highway may enforce any law or ordinance that he or she is otherwise authorized to enforce by arrest or issuance of a citation on the entire width of such a highway and on the entire intersection of such a highway and a highway located in an adjacent jurisdiction. This subsection does not extend an officer's jurisdiction outside the boundaries of this state.
175.40(5)(a)(a) For any county having a population of 500,000 or more, if any law enforcement officer has territorial jurisdiction that is wholly or partially within that county and has authority to arrest a person within the officer's territorial jurisdiction, the officer may arrest that person anywhere in the county.
175.40(5)(b)
(b) A law enforcement officer specified in
par. (a) has the additional arrest authority under this subsection only if the officer's law enforcement agency has adopted policies under
par. (d) and the officer complies with those policies.
175.40(5)(c)
(c) A law enforcement agency in the jurisdiction where a person is arrested under
par. (a) is immune from liability for the acts or omissions of any officer of a different law enforcement agency exercising authority under
par. (a).
175.40(5)(d)
(d) In order to allow its officers to exercise authority under
par. (a), a law enforcement agency for a municipality or county must adopt and implement written policies regarding the arrest authority under this subsection, including at least all of the following:
175.40(5)(d)2.
2. Arrests made in another jurisdiction if the crime is observed by a law enforcement officer.
175.40(5)(d)3.
3. Arrests made in another jurisdiction if the crime is not observed by a law enforcement officer.
175.40(5)(d)4.
4. Notification to and cooperation with the law enforcement agency of another jurisdiction regarding investigations conducted and arrests made in the other jurisdiction.
175.40(5)(e)
(e) The authority under this subsection is in addition to any other arrest authority, including authority granted under any charter.
175.40(6)(a)(a) A peace officer outside of his or her territorial jurisdiction may arrest a person or provide aid or assistance anywhere in the state if the criteria under
subds. 1. to
3. are met:
175.40(6)(a)2.
2. The officer is taking action that he or she would be authorized to take under the same circumstances in his or her territorial jurisdiction.
175.40(6)(a)3.
3. The officer is acting to respond to any of the following:
175.40(6)(a)3.a.
a. An emergency situation that poses a significant threat to life or of bodily harm.
175.40(6)(a)3.b.
b. Acts that the officer believes, on reasonable grounds, constitute a felony.
175.40(6)(b)
(b) A peace officer specified in
par. (a) has the additional arrest and other authority under this subsection only if the peace officer's supervisory agency has adopted policies under
par. (d) and the officer complies with those policies.
175.40(6)(c)
(c) For purposes of civil and criminal liability, any peace officer outside of his or her territorial jurisdiction acting under
par. (a) is considered to be acting in an official capacity.
175.40(6)(d)
(d) In order to allow a peace officer to exercise authority under
par. (a), the peace officer's supervisory agency must adopt and implement written policies regarding the arrest and other authority under this subsection, including at least a policy on notification to and cooperation with the law enforcement agency of another jurisdiction regarding arrests made and other actions taken in the other jurisdiction.
175.40(7)(a)1.
1. "Federal law enforcement officer" means a person employed full-time by the federal government who may make an arrest with or without a warrant for a violation of the U.S. Code and who may carry a firearm in the performance of the person's duties.
175.40(7)(b)
(b) A federal law enforcement officer, while engaged in the performance of official duties, may do any of the following anywhere in the state:
175.40(7)(b)1.
1. Make an arrest for a violation of state law or render aid or assistance if the officer has reasonable grounds for believing that a felony has been or is being committed in his or her presence and has reasonable grounds for believing that the person to be arrested has committed the felony.
175.40(7)(b)2.
2. Render assistance to a Wisconsin law enforcement officer in an emergency or at the request of the Wisconsin law enforcement officer.
175.40(7)(c)
(c) A federal law enforcement officer acting under
par. (b) has any immunity from liability or limit on liability to the same extent as a Wisconsin law enforcement officer.
175.40(7)(d)
(d) No federal law enforcement officer, acting solely under the authority under
par. (b), may be considered, for liability purposes, as an employee or agent of this state or any Wisconsin law enforcement agency for his or her actions within this state. The federal law enforcement officer is considered as continuing to be an employee of the agency employing him or her.
175.40(7)(e)
(e) This subsection does not limit any authority to act that a federal law enforcement officer has under federal law.
175.40 Annotation
A motorist, injured while fleeing police was, as matter of law, more negligent than pursuing officer. Brunette v. Employers Mut. Liability Ins. Co.
107 Wis. 2d 361,
320 N.W.2d 43 (Ct. App. 1982).
175.40 Annotation
To determine whether an officer acts in "fresh pursuit" under sub. (2) three criteria are considered: 1) whether officer acted without unnecessary delay; 2) whether pursuit is continuous; and 3) whether the time periods were reasonable. City of Brookfield v. Collar,
148 Wis. 2d 839,
436 N.W.2d 911 (Ct. App. 1989).
175.40 Annotation
Sub. (4) permits enforcement of one municipality's ordinance on the entire width of a boundary highway. City of Brookfield v. Berghauer,
170 Wis. 2d 603,
489 N.W.2d 695 (Ct. App. 1992).
175.40 Annotation
In addition to issuing a citation for an observed violation, an officer, after observing a traffic violation and pursuing the defendant into another jurisdiction where the stop was made, was entitled to question the defendant beyond the purpose for which the stop was made and to issue citations for other violations when additional suspicious factors came to the officer's attention during the stop. State v. Haynes, 2001 WI App 266,
248 Wis. 2d 724,
638 N.W.2d 82.
175.40 Annotation
Suppression is not required when a police officer acts without authority outside his or her jurisdiction. Suppression is not required except when evidence is obtained in violation of a constitutional right or in violation of a statute providing suppression as a remedy. State v. Keith, 2003 WI App 47,
260 Wis. 2d 592,
659 N.W.2d 403,
02-0583.
175.40 Annotation
Municipal Police Officers Right to Stop and Arrest in Foreign Jurisdictions. Kershek. Wis. Law. Dec. 1992.
175.46
175.46
Mutual aid agreements. 175.46(1)(a)
(a) "Border county" means any of the following:
175.46(1)(a)1.
1. Any Wisconsin county that has land that is within 5 miles from any land of a physically adjacent state, as measured, where applicable, by any land that is above the ordinary high water mark.
175.46(1)(a)2.
2. Any county of a physically adjacent state which county has land that is within 5 miles from any land of Wisconsin, as measured, where applicable, by any land that is above the ordinary high water mark.
175.46(1)(b)
(b) "Law enforcement agency of a physically adjacent state" means a governmental unit of one or more persons employed by a physically adjacent state or a political subdivision of a physically adjacent state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
175.46(1)(c)
(c) "Law enforcement officer of a physically adjacent state" means any person employed by a physically adjacent state or any political subdivision of a physically adjacent state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.
175.46(1)(d)
(d) "Physically adjacent state" means Minnesota, Iowa, Illinois or Michigan.
175.46(1)(e)
(e) "Political subdivision" means a county, city, village or town.
175.46(1)(f)
(f) "Wisconsin law enforcement agency" means a governmental unit of one or more persons employed by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
175.46(1)(g)
(g) "Wisconsin law enforcement officer" means any person employed by this state or any political subdivision of this state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.
175.46(2)
(2) Except as provided in
sub. (8), a Wisconsin law enforcement agency may enter into a mutual aid agreement with a law enforcement agency of a physically adjacent state authorizing one or more of the following:
175.46(2)(a)
(a) Law enforcement officers of the law enforcement agency of the physically adjacent state to act with some or all of the arrest and other police authority of a law enforcement officer of the Wisconsin law enforcement agency while within the Wisconsin law enforcement agency's territorial jurisdiction and within a border county.
175.46(2)(b)
(b) Law enforcement officers of the Wisconsin law enforcement agency to act with some or all of the arrest and other police authority of a law enforcement officer of the law enforcement agency of the physically adjacent state while within that agency's territorial jurisdiction and within a border county.
175.46(3)
(3) An agreement under this section shall be written and may be on an individual case-by-case basis or may be on a continuing basis until terminated by either agency.
175.46(4)
(4) An agreement under this section may grant authority to an officer only to enforce laws and make arrests for violations of laws that are similar to the types of laws that he or she is authorized to enforce or make arrests for regarding violations of in his or her home state.
175.46(5)(a)(a) Except as provided in
par. (b), any agreement under this section shall provide that any Wisconsin law enforcement officer, acting under the agreement in another state, shall continue to be covered by his or her employing agency for purposes of worker's compensation, unemployment insurance, benefits under
ch. 40 and civil liability and any officer of another state acting in Wisconsin under the agreement shall continue to be covered for worker's compensation, unemployment insurance, disability and other employee benefits and civil liability purposes by his or her employing agency in his or her home state. Any Wisconsin officer acting within an adjoining state, under the agreement, is considered while so acting to be in the ordinary course of his or her employment with his or her employing Wisconsin law enforcement agency.
175.46(5)(b)
(b) An agreement under this section shall provide that any Wisconsin law enforcement officer, acting under the agreement in another state, is subject to any immunity from liability or limit on liability to the same extent as any officer of the other state. An agreement under this section shall provide that any law enforcement officer of another state, acting under the agreement in Wisconsin, is subject to any immunity from liability or limit on liability to the same extent as a Wisconsin law enforcement officer.
175.46(6)
(6) No law enforcement officer of a physically adjacent state, acting under an agreement under this section, may be considered, for liability purposes, as an employee or agent of this state or any Wisconsin law enforcement agency for his or her actions within this state regardless of the supervision or control of the officer's actions while within this state. The officer of the physically adjacent state is considered as continuing to be an employee of the agency employing him or her in the officer's home state.
175.46(7)
(7) Any agreement under this section entered into by a Wisconsin law enforcement agency may include any terms and conditions considered appropriate by that agency, except the agreement shall comply with this section.
175.46(8)
(8) At least 30 days prior to entering into an agreement under
sub. (2), a Wisconsin law enforcement agency shall submit a copy of the proposed agreement to the department of justice for the department's review and comment. The department shall provide its comments to the Wisconsin law enforcement agency within 21 days after the department receives the proposed agreement. The Wisconsin law enforcement agency need not have the consent of the department to enter into the agreement. The Wisconsin law enforcement agency may revise the proposed agreement without having to resubmit the proposed agreement to the department.
175.46 History
History: 1993 a. 49;
1993 a. 490 s.
154; Stats. 1993 s. 175.46;
1997 a. 39.
