Wisconsin Legislature: Search and seizure

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"

The "silent auction" is not a lottery because the element of "prize" is not present. 62-122

State Senator

A vacancy in the office of a State Senator is created under the provisions of art. XIII, sec. 3 and art. XIII, sec. 10, Wis. Const., as implemented by sec. 17.03(5), Stats., upon his conviction of and sentence for any felony punishable by imprisonment in state prison, and no further specific action is required by the State Senate to implement those provisions. 65-264

Stop-and-frisk

See Anonymous telephone tip

Stopping payment on checks

Stopping payment on checks used to pay for repairs to personal property-- creation of a crime. The Legislature did not create a crime or invoke criminal penalties in enacting sec. 289.41(3), Stats., which renders stopping payment on a check used to pay for certain repairs to personal property "prima facie evidence of intent to defraud." This section could operate to establish prima facie evidence of only one of the elements of the crime of theft defined in sec. 943.20(1)(d), Stats. 63-81

Summons

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

Traffic

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

Trespass

The intentional entering of an outbuilding without the consent of some person lawfully upon the premises whereon it is situated, under circumstances tending to create or provoke a breach of the peace, where such outbuilding is accessory to a main house and within the curtilage, is a violation of sec. 943.14, Stats., since "dwelling," as employed therein, has its common law meaning of "the cluster of buildings in which a man with his family resides," extending to "such outbuildings as are within the curtilage." 62-16

Trespassing upon posted lands

Section NR 10.07(8) Wis. Adm. Code, requiring hunters to make reasonable efforts to retrieve game birds killed or injured, does not exempt a person from criminal prosecution under sec. 943.13(1)(b), Stats., for trespassing upon posted lands to retrieve birds shot from outside the posted area. 64-204

Truancy

A person cannot be charged with intentionally contributing to the delinquency of a minor under sec. 947.15(1)(a), Stats., on the basis of an allegation that the person either harbored a runaway or truant child, aided in the running away, or in some way encouraged the truancy or the running away, because truancy and uncontrollability are not included under the definition of "delinquent" under sec. 48.12(1), Stats. 66-18

University residence halls

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

Victims

The requirement in section 950.04(1), Stats., of notice to the victim of a defendant's release from custody applies to all felonies charged under chapter 948. Notice is to be given to the victims of all crimes charged under chapter 940, whether misdemeanors or felonies. The notice requirements of the statute apply to individual persons, not business enterprises or corporations. 79-1

Warrantless arrest

A warrantless arrest and detention for bail jumping, section 946.49, Stats., is authorized if probable cause exists that the arrestee violated the contact prohibition in section 968.075(5)(a)1. after being released under chapter 969. 78-177

Witnesses

Worthless checks

Police agencies and district attorneys are not prohibited by sec. 427.104(1)(b), Stats., for sending letters threatening criminal prosecution to persons who have issued worthless checks. 63-340

CURATORS, BOARD OF

See HISTORICAL SOCIETY, STATE

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