Bail
Judges and court commissioners have power, prior to the filing of a criminal complaint, to release on bail persons arrested for commission of a felony. 65-102
Law enforcement officers may be authorized by court rule to accept surety bonds for, or, under specified circumstances, 10 percent cash deposits of, the amount listed in a misdemeanor bail schedule when an accused cannot be promptly taken before a judge for bail determination. However, such rules may not afford officers discretion as to the amount or form of bail an individual accused must post. 63-241
Law enforcement officials may require a person appearing pursuant to a summons to be fingerprinted and photographed. A court may condition a person's release from custody on bail upon the taking of fingerprints and photographs. 69-254
Bail forfeited
The entire amount of bail forfeited under sec. 969.13(4), Stats., is to be retained by the County Treasurer and no part thereof is to be paid to the State Treasurer. 62-247
Bail revocation
Chapter 112, sec. 10, Laws of 1979 which allows courts to revoke bail for violating judicially imposed conditions of bail does not violate Wis. Const. art. I, sec. 8. 69-164
Bench warrant
A bench warrant issued under sec. 968.09, Stats., may be directed to all law enforcement officers in the state without regard to whether the defendant is charged with violation of a state statute or county ordinance. The form of the warrant should be tailored to meet the form suggested by sec. 968.04(3)(a)7., Stats. 62-208
Bingo
Bingo games sponsored by church organizations using local cable television facilities to broadcast the program where viewers participate in their homes are in violation of ch. 163. While bingo games conducted pursuant to ch. 163 enjoy exemption from the constitutional definition of lottery, bingo games which contravene the provisions of ch. 163 constitute lotteries in this state. Such lotteries are prosecutable under sec. 163.54 or secs. 945.02(3) and 945.03(4), Stats. The fact that community antenna television is regulated by the Federal Communications Commission does not preclude a prosecution on the grounds of federal preemption. The state criminal standard does not conflict with the federal regulation. 65-80
Bingo conducted on Indian reservations by Indian tribes or Indian persons must comply with the Bingo Control Act. 69-22
Child abuse
Consensual sexual conduct involving sixteen- and seventeen-year old children does not constitute child abuse under sec. 48.981(2), Stats. (1981-82). (Unpub.). 26-1983
A medical or mental health professional may report suspected child abuse under the permissive provisions of section 48.981(3), Stats., when the abuser, rather than the victim, is seen in the course of professional duties. Section 51.30 does not act as a bar to such reports made in good faith. 76-39
Consecutive sentences
A criminal defendant who receives consecutive sentences that in the aggregate exceed one year, but individually are all less than one year, should be incarcerated in a county jail rather than the Wisconsin prison system. 78-44
Costs of prosecution"
Courts lack authority to impose and enforce payment of "costs of prosecution" as a condition of probation in absence of statutory authority; courts may dismiss a criminal charge upon payment of agreed "costs of prosecution" as part of plea bargain which court accepts. (Unpub.). 42-1982
Crime Victims Compensation
Not authorized for dental, chiropractic, podiatric or optometric services. (Unpub.). 84-1977
Debt collection
Police agencies and District Attorneys are not prohibited by sec. 427.104(1)(b), Stats., from sending letters threatening criminal prosecution to persons who have issued worthless checks. 63-340
Domestic abuse
The provisions of section 968.075, Stats., apply to roommates living in university residence halls, whether privately or state owned. If the criteria requiring arrest under section 968.075(2) exist, the law enforcement officer must make a custodial arrest. 79-109
Drunk driving
Where a person is charged under sec. 346.63(1), Stats. (operating a vehicle while under the influence of intoxicant or controlled substance), as a second offense, the charge may not be reduced to a violation as a first offense and the Court does not have discretion to sentence under sec. 346.65(2)(a)1., Stats., sentencing for first offense. At trial the burden and verdict requirements of a criminal proceeding apply. It is mandatory that the Department treat this as a second offense for purposes of revocation under sec. 343.31(1)(b), Stats. 69-47
Evidence
An individual's fifth amendment privilege against self-incrimination need not be compromised by his or her testimony elicited at the evidentiary refusal hearing afforded to individuals who have requested the opportunity to litigate the lawfulness of their refusal to submit to chemical testing under the implied consent law. Consequently, absent any statutory guidelines, the scheduling of a refusal hearing is within the discretion and calendaring possibilities of the court to which it is assigned. 77-4
Physician-patient privilege expressed in sec. 905.04, Stats., Wisconsin Rules of Evidence, is a testimonial privilege only, and has no existence outside of judicial proceedings. Under sec. 448.18(1)(d), Stats., a physician is ethically precluded from disclosing confidential communications unless otherwise provided in law or disclosure is required to prevent danger to the patient or the community. 64-82
Evidence Rule
Under new Evidence Rule, sec. 906.09, Stats., defendant may not be cross examined about prior convictions until the Court has ruled in proceedings under Rule 901.04 that such convictions are admissible. Nature of former convictions may now be proved under the new rule. Defendant has burden of proof to establish that a former conviction is inadmissible to impeach him because obtained in violation of his right to counsel, under Loper v. Beto, 405 U.S. 473. Rule of Loper v. Beto, 405 U.S. 473, does not apply to claimed denial of constitutional rights other than the right to counsel, although the conviction would be inadmissible for impeachment if it had been reversed on appeal, whether on constitutional or other grounds, or vacated on collaterial attack. 63-424
Expunction of criminal records
Circuit courts do not possess inherent powers, in the absence of statute, to order the expunction or destruction of criminal conviction records. 70-115
Section 973.015, Stats., requires, in cases where ordered by the Court, that the Clerk of Court upon receipt of the certificate of discharge strike or obliterate from the record all references to the name and identity of the defendant. 67-301
Extradition
A Wisconsin law enforcement officer may transport a prisoner out of state for emergency medical treatment. Upon leaving Wisconsin, a law enforcement officer from the receiving state must take custody of the prisoner. The prisoner may be brought back to Wisconsin using the Uniform Criminal Extradition Act, section 976.03, Stats. 80-41
Fifth Amendment privilege
An individual's fifth amendment privilege against self-incrimination need not be compromised by his or her testimony elicited at the evidentiary refusal hearing afforded to individuals who have requested the opportunity to litigate the lawfulness of their refusal to submit to chemical testing under the implied consent law. Consequently, absent any statutory guidelines, the scheduling of a refusal hearing is within the discretion and calendaring possibilities of the court to which it is assigned. 77-4
Firearms
Section 941.29(5)(a), Stats., has been invalidated by congressional action. Pardons granted after November 15, 1986, will give recipients the right to receive, possess or transport in commerce firearms unless the pardon expressly provides otherwise. 78-22
Fish and game
A criminal prosecution pursuant to sec. 29.995, Stats., for a repeated violation of fish and game laws must be commenced by complaint as provided in sec. 968.02, Stats. Such a prosecution must be conducted in accordance with the same statutory and constitutional requirements applicable to other criminal prosecutions. 71-136
Former conviction
Under new Evidence Rule, sec. 906.09, Stats., defendant may not be cross examined about prior convictions until the Court has ruled in proceedings under Rule 901.04 that such convictions are admissible. Nature of former convictions may now be proved under the new rule. Defendant has burden of proof to establish that a former conviction is inadmissible to impeach him because obtained in violation of his right to counsel, under Loper v. Beto, 405 U.S. 473. Rule of Loper v. Beto, 405 U.S. 473, does not apply to claimed denial of constitutional rights other than the right to counsel, although the conviction would be inadmissible for impeachment if it had been reversed on appeal, whether on constitutional or other grounds, or vacated on collaterial attack. 63-424
Forms
Forms similar to the Uniform Traffic Citation which are used as complaints to initiate criminal prosecutions in certain misdemeanor cases 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. 63-540
Fourth Amendment warrant requirements
State Arson Bureau and local fire and police departments are subject to the Fourth Amendment warrant requirements of the United States Constitution in conducting searches for evidence of arson. If consent to search is sought, very general guidelines are that a tenant or co-tenant may consent to search of area under his control, while consent to search a common area may be given by landlord or, if objector could not reasonably expect privacy, by a tenant. 68-225
Gambling
Games such as "Las Vegas nights" wherein participants must make a payment or donation in order to gamble with play money and then use the play money at the end of the evening to bid on private prizes constitute illegal lotteries under Wisconsin law. The law does not exempt benevolent and nonprofit organizations. 70-59
The State's anti-gambling laws are enforceable against Indians on Indian reservations under the authority of P. L. 280. 72-182
Indians
Bingo conducted on Indian reservations by Indian tribes or Indian persons must comply with the Bingo Control Act. 69-22
The State has jurisdiction over members of the Menominee Tribe on public roads and highways within the Menominee Reservation in respect to the enforcement of state traffic laws that are necessary to protect the highways against depredation or that would impair their use as a public right-of-way. State law enforcement officers can arrest any person who commits a federal offense in their presence. 66-115
The State's anti-gambling laws are enforceable against Indian reservations under the authority of P. L. 280. 72-182
Intrusive searches
Intrusive searches of the mouth, nose or ears are not covered by sec. 968.255(3), Stats. However, searches of those body orifices should be conducted by medical personnel to comply with the Fourth and Fifth Amendments. 71-12
