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
Investigatory vehicle stop
An anonymous telephone tip to the police that a specified vehicle is being driven by an unlicensed person does not create an articulable and reasonable suspicion of illegality justifying an investigation stop of the auto and driver. Under certain very limited circumstances, however, information from an anonymous informant may authorize a stop-and-frisk or an investigatory vehicle stop. 68-347
Juveniles
Under the provisions of sec. 48.12, Stats., the Iron County juvenile court has jurisdiction of delinquency petitions based on violation of the Michigan criminal law by children who are residents of and present in Iron County. 62-229
Wisconsin courts have jurisdiction under ch. 48, Stats., over state resident juveniles alleged to be delinquent because they violated another state's criminal laws. 70-143
Lottery
Illegality of Michigan lottery activities in Wisconsin discussed. Ch. 945, Stats. 62-186
"Silent auction" is not a lottery because the element of "prize" is not present. 62-122
Mandatory arrest, sec. 968.075, Stats.
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
Mental disease or defect
The Department of Health and Social Services has authority to supervise defendants conditionally released under section 971.17(2), Stats., if the Court orders such supervision as a condition of release. The period of supervision, when added to the time defendant has spent in the treatment institution, cannot exceed the maximum term of imprisonment as defined in section 971.17(4). Such maximum term must be calculated as if consecutive sentences had been imposed. The Department lacks authority to supervise defendants released under section 971.17(4). 73-76
Navigable stream
In order to obtain a conviction for violating sec. 30.195, Stats., the State must show that the defendant changed the course of a navigable stream and that no permit to change the stream's course had been granted to the defendant. The State need not show that the changed portion of the stream was navigable, nor a specific intent to change the stream's course. 67-265
Notary Public
A convicted felon who has been restored to his civil rights, pursuant to sec. 57.078, Stats., is barred from the office of Notary Public, by art. XIII, sec. 3, Wis. Const., unless he has been pardoned. The certificate provided for by sec. 57.078, Stats., may be issued by other than the Department of Health and Social Services. The serving of the sentence is what restores the person's civil rights, and the certificate merely evinces the serving of the sentence. 63-74
"Past consideration" as that term is used in sec. 943.24(3), Stats., is present in a situation in which one party belatedly delivers to another a check in consideration for goods transferred at an earlier date from the payee to the drawer, although said check is later determined to have been worthless at the time of issuance. "Past consideration" as that term is used in sec. 943.24(3), Stats., is also present in a situation in which an employe pays back his employer by way of a worthless check for money discovered missing from a restaurant cash register for which the employe was responsible. 66-168
Prisons and Prisoners
See PRISONS AND PRISONERS
Public official
Claim for expense reimbursement by a public officer, under specific fact situation, is both an action taken in such officer's official capacity and an action growing out of performance of official duties thereby permitting municipal government to pay expenses associated with criminal charge against such officer based upon such claim pursuant to sec. 895.35, Stats. 71-4
Real estate
Section 77.27, Stats., is violated when value is intentionally falsified on a Wisconsin Real Estate Transfer Return. Falsely declaring a transfer as a sale when it is in fact a gift does not constitute a violation of sec. 77.27, Stats., nor will it support the issuance of a false swearing complaint under sec. 946.32, Stats., but it may constitute a gift tax avoidance in violation of sec. 72.86(6), Stats. 62-251
Restitution
A forfeited cash bond may not be used to pay restitution to the victim of the crime. 68-71
Rewards
The authority of county officials to offer rewards for the arrest or conviction of persons violating the criminal law is limited to the circumstances set forth in sec. 59.25(2), Stats. 63-555
Search and seizure
A municipality's decision to require pre-employment drug testing for prospective employes must balance the need for testing in particular positions against the invasion of personal rights that the search entails, considering all relevant factors. 76-257
Authorized agents of the Department of Agriculture, Trade and Consumer Protection have the authority to stop and search vehicles transporting livestock in Wisconsin so long as they comply with certain constitutional safeguards. 77-172
Certain provisions of Substitute Amendment to 1977 Senate Bill 286 revising portions of State's Lobbying Law are incompatible with citizens' rights to be secure against unreasonable searches and seizures. (Unpub.). 15-1978
In principle, the purposes sought to be accomplished by Assembly Substitute Amendment 3 to 1977 Assembly Bill 93, revising subch. III of ch. 13, Stats., the State's Lobbying Law, are compatible with the rights of Wisconsin citizens to petition the government and to be secure against unreasonable searches and seizures. Some of the means selected to accomplish those purposes may, on their face or as applied violate citizens' First Amendment right of petition. 67-85
Self incrimination
See Fifth Amendment privilege
Sentencing
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
Under sec. 56.18, Stats., a criminal defendant may be sentenced to the House of Correction where the maximum punishment authorized by statute for the offense for which the person is being sentenced is two years or less; under sec. 53.315, Stats., a person who is placed on probation after sentence is imposed and stayed, and who, as a condition of that probation, is ordered confined to the county jail between the hours or periods of his employment, may be transferred to the House of Correction, irrespective of the length of the stayed sentence. (Unpub.). 51-1979
Shoplifting statute
The temporary detention provision of the shoplifting statute, sec. 943.50, Stats., cannot be used by hotel proprietors to detain guests who take hotel property without authorization. Sections 943. 13(1)(b) and 943.21, Stats., do not appear to apply to a hotel guest who overstays the agreed-upon visit without obtaining an extended reservation. Rights of hotel proprietors in such situations discussed. 69-217
Silent auction"
