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
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
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
- D -
DAIRY, FOOD AND DRUGS
Food preparation
Heating hot dogs is not food preparation. Use of dry ice is not wet storage. (Unpub.). 70-1978
Honey
Person who extracts honey for purpose of preparing it for sale is subject to a licensing requirement of sec. 97.28, Stats., unless honey is sold on retail basis only at a fixed place of business. 65-269
Milk marketing order
When the Department of Agriculture is presented with a petition for the adoption of a proposed milk marketing order under sec. 96.21, Stats., it is required to submit the proposed order to a public hearing under secs. 96.04 and 96.05, Stats. Marketing orders adopted under sec. 96.21, Stats., are subject to referendum or assent approval by milk producers. The Secretary of the Department, rather than the board, has the authority and responsibility to administer marketing orders pursuant to ch. 96 and sec. 96.21(3), Stats. Administration of ch. 96, Stats., discussed. 64-198
Restaurants
Discussion of coverage of licensing requirements for restaurants under sec. 50.50(3), Stats., in light of amendments to sec. 97.28, Stats., regarding the licensing of delicatessen operations. (Unpub.). 85-1977
Vitamins
Vitamins not intended for use in the diagnosis, cure, investigation, treatment or prevention of diseases are not drugs within the meaning of sec. 450.06, Stats., and may be sold in stores other than pharmacies. 66-137
Wet storage
Heating hot dogs is not food preparation. Use of dry ice is not wet storage. (Unpub.). 70-1978
DEEDS
See also REGISTER OF DEEDS
Abstracts"
Although Register of Deeds can utilize microfilm and photocopies with County Board approval, use of a photocopy of writs of attachments and certificates of sale of real estate would not, even with index, be a substitute for the separate indexed book or register of "abstracts" of such documents required by sec. 59.54, Stats. 67-114
Forest Crop Law
A county Register of Deeds must record Department of Natural Resources' orders under the Forest Croplands Program, sec. 77.02(3), Stats., and the Woodland Tax Law, sec. 77.16(3), Stats., notwithstanding sec. 59.57(12), Stats., which requires that recording fees be paid in advance of recordation. 66-246
Real estate transfer fee
Section 77.22, Stats., requires the Register of Deeds to enter the amount of real estate transfer fee paid on the face of the deed. The information on the return is confidential, but this confidential status is qualified by sec. 77.23, Stats., with respect to the Department of Revenue and local assessors. (Unpub.). 25-1976
DEFENDANT
Evidence Rule
Under new Evidence Rule 906.09, 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 collateral attack. 63-424
DEFERRED COMPENSATION BOARD
