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(6m)(a)(a) An off-duty peace officer may arrest a person or provide aid or assistance outside of his or her territorial jurisdiction but in the state if all of the following apply:
175.40(6m)(a)1.
1. The officer is responding to an emergency situation that poses a significant threat to life or of bodily harm.
175.40(6m)(a)2.
2. The officer is taking action that he or she would be authorized to take under the same circumstances in the officer's territorial jurisdiction.
175.40(6m)(a)3.
3. The officer's supervising agency has adopted written policies authorizing off-duty officers to make arrests or provide aid or assistance outside of the agency's territorial jurisdiction but in the state, and the policies at a minimum address all of the following:
175.40(6m)(a)3.c.
c. Notification of and cooperation with a law enforcement agency of another jurisdiction regarding arrests made and other actions taken in the other jurisdiction.
175.40(6m)(a)4.
4. The officer's action is in compliance with the policies under
subd. 3.
175.40(6m)(b)
(b) A supervising agency may limit its officer's authority to act under this subsection by including limitations in the written policies under
par. (a) 3.
175.40(6m)(c)1.1. For purposes of civil and criminal liability and for purposes of
s. 895.46, an off-duty peace officer acting outside the officer's jurisdiction as authorized under this subsection is considered to be acting in an official capacity as an officer of the state, state employee, or agent of the state.
175.40(6m)(c)2.
2. For purposes of worker's compensation under
ch. 102, an off-duty peace officer acting outside the officer's territorial jurisdiction as authorized under this subsection is considered to be an employee of the state and the officer is eligible for the same benefits as if the officer had sustained the injury while performing services growing out of and incidental to the officer's employment with the employing supervisory agency.
175.40(6m)(c)3.
3. An off-duty peace officer acting outside the officer's territorial jurisdiction as authorized under this subsection is considered to be performing his or her duty and engaging in his or her occupation.
175.40(6m)(c)4.
4. By no later than 30 days after the end of each calendar quarter, the department of administration shall submit a report to the joint committee on finance detailing all moneys expended or encumbered from the appropriation account under
s. 20.505 (2) (am) during that calendar quarter for costs and judgments under
subd. 1. or
2.
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,
00-3083.
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.
175.405
175.405
Sexual assault; evidence where no suspect has been identified. 175.405(2)
(2) Whenever a Wisconsin law enforcement agency collects, in a case of alleged or suspected sexual assault, evidence upon which deoxyribonucleic acid analysis can be performed, and the person who committed the alleged or suspected sexual assault has not been identified, the agency shall follow the procedures specified in
s. 165.77 (8) and shall, in a timely manner, submit the evidence it collects to a crime laboratory, as identified in
s. 165.75.
175.405 History
History: 2011 a. 32.
175.41
175.41
Arrest and assistance; wardens employed by the Great Lakes Indian Fish and Wildlife Commission. 175.41(1)(a)
(a) "Ceded territory" means the territory in Wisconsin ceded by the Chippewa Indians to the United States in the treaty of 1837, 7 Stat. 536, and the treaty of 1842, 7 Stat. 591.
175.41(1)(b)
(b) "Commission" means the Great Lakes Indian Fish and Wildlife Commission.
175.41(1)(c)
(c) "Commission warden" means a conservation warden employed by the commission.
175.41(2)
(2) For purposes of civil and criminal liability, a commission warden may, when in fresh pursuit, follow anywhere in the state outside the ceded territory and arrest any of the following:
175.41(2)(a)
(a) A Chippewa tribal member for violation of the Chippewa off-reservation conservation code, if the conditions of
sub. (3) (a) and
(e) are met.
175.41(2)(b)
(b) Any person for violation of the laws of this state, if the conditions of
sub. (3) (a) to
(e) are met.
175.41(3)
(3) Within the ceded territory, a commission warden may arrest a person for violation of state law or provide aid or assistance to a Wisconsin peace officer if all of the following criteria are met:
175.41(3)(a)
(a) The commission warden is on duty and on official business.
175.41(3)(b)1.
1. The commission warden is responding to any of the following:
175.41(3)(b)1.a.
a. An emergency situation that poses a significant threat to life or a significant threat of bodily harm.
175.41(3)(b)1.b.
b. Acts that the commission warden believes, on reasonable grounds, constitute a felony.
175.41(3)(b)2.
2. The commission warden is rendering aid or assistance to a Wisconsin peace officer in an emergency or at the request of the Wisconsin peace officer.
175.41(3)(c)
(c) The commission warden meets the requirements of
s. 165.85 (4) (b) 1.,
(bn) 1., and
(c) and has agreed to accept the duties of a law enforcement officer under the laws of this state.
175.41(3)(d)
(d) The commission has adopted and implemented written policies regarding making arrests and rendering aid or assistance under this subsection, including a policy on notification to and cooperation with the law enforcement agency of the jurisdiction in which such arrests are made.
175.41(3)(e)
(e) The commission maintains liability insurance that does all of the following:
175.41(3)(e)1.
1. Covers the commission and commission wardens for acts and omissions under
sub. (4).
175.41(3)(e)2.
2. Has a limit of coverage not less than $2,000,000 for any occurrence.
175.41(3)(e)3.
3. Provides that the insurer, in defending a claim against the policy, may not raise the defense of sovereign immunity of the insured up to the limits of the policy.
175.41(4)
(4) Except as otherwise provided in an agreement between the commission and the state or a subdivision of the state, the commission is liable for all acts and omissions of a commission warden while acting under
sub. (2) or
(3), and neither the state nor any political subdivision of the state may be held liable for any action of a commission warden taken under the authority of
sub. (2) or
(3). For purposes of civil and criminal liability, a commission warden acting under
sub. (2) or
(3) is considered to be acting in an official capacity.
175.41(5)
(5) Subsections (2) and
(3) apply only if the commission has presented evidence to the department of justice of the insurance under
sub. (3) (e). Upon receipt of evidence of insurance under
sub. (3) (e), the department of justice shall notify the sheriff of each county in the ceded territory that the commission has met this criterion for performing the powers and duties described under
subs. (2) and
(3).
175.41 History
History: 2007 a. 27.
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.
